Ram Janam Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5440 of 2016 ====================================================== Ram Janam Rai, Son of Sri Ganesh Rai, Resident of Village- Balathra, P.S.- Basantpur, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary Bihar, Patna.

2. District Magistrate (D.M) Siwan.

3. The Block Development Officer (B.D.O. ) Goreyakothi District- Siwan.

4. The Treasury Officer, Siwan District -Siwan.

5. The Provident Fund Officer, Siwan District- Siwan.

6. The Accountant General Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar, Adv. For the Respondent nos.1to5 : Mr. Maruth Nath Roy, AC to SC-4 For the Respondent no.6 : Mr.Bindhaychal Rai, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-09-2016 Heard the parties.

In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition with respect to the payment of retiral benefits to him, this Court is of the opinion that, instead of keeping the matter pending any longer asking the respondents to file their counter affidavit, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents before the respondent District Magistrate, Siwan, raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such a fresh comprehensive representation is filed by the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Magistrate, Siwan shall be obliged to consider and decide the

Patna High Court CWJC No.5440 of 2016 (2) dt.09-09-2016 claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, besides others, if any, at an early date, preferably within a period of three months from the date of filing of such comprehensive representation by the petitioner. If on consideration of the materials, the respondent District Magistrate, Siwan comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and the same is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U