Jagdish Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6161 of 2015 ====================================================== Jagdish Prasad Singh Son of Late Ram Chandra Singh, Resident of village + P.O.- Mahmada, P.S.- Garkha, District- Saran .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary, Health and Medical Services, Government of Bihar, Patna

3. The District Magistrate, Saran at Chapra

4. The Civil Surgeon cum Chief Medical Officer, Saran at Chapra

5. The Incharge Medical Officer, Sadar Block, Chapra

6. The Branch Manager, State Bank of India Chapra at Saran

7. The Treasury Officer, Saran at Chapra .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Tiwary For the Respondent/s : Mr. Gp27- Purnendu Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 03-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner has a very limited grievance with regard to non-payment of differential amount of leave encashment and that he was very particular that for such payment the Drawing and Disbursing Officer has already drawn Bill No. 23/2011-12, token No. 2011/06/0187 dated 27.6.2011 and that Mr. Kaushlendra Kumar Sinha, learned counsel appearing on behalf of the State Bank of India, having obtained instruction from the State Bank of India, Chapra Branch produced the statement of account showing payment of Rs.1,17,119.76 paise in the date of 8.8.2011, this Court being prima facie satisfied that it is only a case of some misunderstanding on the part of the

Patna High Court CWJC No.6161 of 2015 (2) dt.03-07-2015 petitioner of not receiving the amount would give him liberty to approach the authorities of the Bank to be satisfied with the stand of the Bank that such amount had already been paid to the petitioner.

It is made clear that if the petitioner approaches the competent authority of the State Bank of India of Chapra Branch, he shall address to the grievance of the petitioner and advise the petitioner accordingly.

It goes without saying that if the petitioner's version is found to be correct, payment also shall be made but on the other hand, if payment as claimed before this Court has already been made, an information to this effect in writing shall be given to the petitioner when he would approach the authority of the Bank by filing his representation.

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

(Mihir Kumar Jha, J) surendra/- U