Chandeshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1545 of 2014 In Civil Writ Jurisdiction Case No. 6969 of 2008 ====================================================== Chandeshwar Prasad Singh Son of Late Ram Parichhan Resident of VillageMuriyaro, P.S.- Titwarpur, District- Samastipur. .... .... Petitioner

Versus

1. The State of Bihar

2. Chandeshwar Pd. Singh, The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3. R. Dayal, Engineer-in-chief, Water Resources Department Government of Bihar, Patna.

4. Narayan Paswan, Chief Engineer, Minor Irrigation Department, Patna.

5. Satish Kumar Verma, Chief Engineer, Irrigation Department, Aurangabad, Bihar.

6. Narayan Paswan, Chief Engineer, Tube-Well Division, Water Resource (Minor Irrigation), Department, Srikrishna Nagar, Patna (Bihar).

7. Rajesh Kumar, Chief Engineer, Water Resources Department, Birpur, Supaul.

8. Birchandra Thakur, Executive Engineer, Irrigation, Triveniganj Division, Triveniganj.

9. Shibendra Sharma, Executive Engineer, Irrigation (Mechanical Division), Aurangabad.

10. Arbind Kumar Mandal, Provident Fund Officer, Supaul, DistrictSupaul.

11. Indradeo Dharibal, The Accountant General Bihar, Patna. .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Vandana Singh For the Respondent/s : Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-06-2015 Heard learned counsel for the parties.

Having regard to the fact that the order of this Court has not been complied only because of inaction on the part of the Executive Engineer, Mechanical Division, Latehar in the State of Jharkhand, this Court keeping in view that the Executive Engineer, Triveniganj is fully satisfied that the petitioner has handed over

Patna High Court MJC No.1545 of 2014 (2) dt.29-06-2015 full charge as is also evident from reading of his letter dated 26.4.2014 and that the petitioner has to be paid pension and other retirement benefit by the Govt. of Bihar keeping in view his retirement from Triveniganj, would direct the Treasury Officer, Samastipur to ensure payment of authorized amount of pension, gratuity and other retirement benefit to the petitioner forthwith without being influenced in any manner by the earlier report of the Executive Engineer, Latehar as with regard to non-handing over charge by the petitioner.

In other words, the petitioner's payment of retirement benefit shall now not be withheld for the ground of non-handing over charge by him but then if there be some other valid reason for the Treasury Officer, Samastipur for not making payment of retirement benefit to him, that also must be communicated to the petitioner. It also goes without saying that if there be now no other objection available for the Treasury Officer, Samastipur, the payment of retirement benefit to the petitioner must be made forthwith and without any further delay.

With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U