Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18281 of 2021 ====================================================== Om Prakash S/o late Virjeshwar Prasad R/o Village- Hakiyakandh, P.S.- Shahpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Water Resources, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Water Resources, Government of Bihar, Patna.

3.

The Executive Engineer, Tube- well Division, Begusarai, Department of Water Resources, Government of Bihar.

4.

The Accountant General (A and E), Bihar, Patna. 5.

The Assistant Accounts Officer (A and E), Bihar, Patna. 6.

The Treasury Officer, Collectorate, Patna.

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Adv.

For the Respondent/s :

Mr.Anjani Kumar, ( AAG-4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Counter affidavit has been filed on behalf of the State. Counsel for the State submits that paragraph - 16 of the counter affidavit clearly states that for payment of full pension and gratuity etc. and for its revision, the original service book was sent to the A.G. by the Executive Engineer, Minor Irrigation Division, Begusarai vide letter no. 160 dated 12.02.2022, Annexure - G.

In the light of assertion made by the counsel for the

Patna High Court CWJC No.18281 of 2021(2) dt.20-01-2023 2/2 petitioner orally as well as in written, petitioner is satisfied and he has only grievance left that the payment must be made in the account of the petitioner within a fixed time period. In view of the stand taken by the State that the petitioner is now entitled for full pension, gratuity and its revised value have been sent before the A.G. for calculation. Let the A.G. is directed to calculate the same within 4 weeks from today and after 4 weeks thereafter, the entire amount of the petitioner shall be paid in his account by the Treasury Officer or any other respondent, as the case may be. With this direction, this writ petition is hereby disposed off.

If the said payment shall not be made within this period then 9% interest shall be paid by the State to the petitioner, subject to its recovery from the erring officials. (Dr. Anshuman, J.) ashishsingh/- U