Nazir Hassan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6593 of 2016 ====================================================== Nazir Hassan, Son of Abdul Bari, at present resident of Karim Mansion, C25, Indrapuri Colony, Post Office - B.V. College, Police Station - Shastrinagar, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director, Raj Bhasha Vibhag (Directorate of Urdu) Government of Bihar, Patna.

3. The District Magistrate, Arwal.

4. The Treasury Officer, Arwal.

5. The Block Development Officer, Karpi Block, District - Arwal. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shamimul Hoda, Adv. For the Respondent/s : Mr. Birju Prasad, GP-13 Mr.Ashok Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-09-2016 Heard the parties.

The petitioner having superannuated from service from the post of Urdu Translator on 31.10.2011 has filed the present writ petition for payment of his post-retiral dues, fully enumerated in paragraph 1 of the writ petition. In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that, instead of keeping the matter pending before this Court and 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 before the respondent District Magistrate, Arwal with all supporting documents and raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

Patna High Court CWJC No.6593 of 2016 (2) dt.16-09-2016 If such a comprehensive representation is filed on behalf of the petitioner with a certified copy of the present order within a period of one month from today, then the respondent District Magistrate, Arwal either himself or any other competent authority of the respondent State, as per his endorsement, shall be obliged to consider and decide the claims raised on behalf of the petitioner, by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including the petitioner, besides others, if any, at an early date, preferably within a period of three months from the date of filing of such representation by the petitioner.

If on consideration of the materials, the competent authority 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 it 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.

Arvind/- (Birendra Prasad Verma, J) U