Deo Nath Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3246 of 2015 ====================================================== Deo Nath Sharma, Son of late Ishwar Mistri, resident of VillageDilawarpur, P.O.- Ander, District- Siwan. At present resident of VillageLakshmipur, Siswan Dhala, P.S.- Siwan Town, District-Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Gram Panchayat Raj, Government of Bihar, Patna.

2. The District Magistrate, Siwan.

3. The Dy. Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Siwan.

4. The District Panchayat Raj Officer, Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate.

For the Respondent/s :

Mr. Partha Sarthi, GA 11.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 26-02-2015 Heard learned counsel for the parties.

2. Having regard to the admitted position that the petitioner was an employee of Siwan Zila Parishad and was entitled to get his retirement benefit, this Court would direct the Deputy Development Commissioner-cum-Chief Executive Officer of Zila Parishad Siwan to ensure that the amount of Gratuity, Leave Encashment and any other amount of retirement benefit (not difference of salary or arrears of salary) must be paid to the petitioner within a period of four months from the date of receipt of a copy of this order.

3. The petitioner, however, will be at liberty to claim his rest in-service benefit or any other amount payable at salary in

Patna High Court CWJC No.3246 of 2015 (2) dt.26-02-2015 2/2 accordance with law.

4. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U