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Patna High CourtCWJC/14343/2022disposed

Ravindra Prasad Singh v. The State Of Bihar

2024-03-20Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14343 of 2022 ====================================================== Mithilesh Devi wife of Ravindra Prasad Singh, resident of Village-Ramauli, P.S.-Patepur, P.O.-Simarwara, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Secretary, Law Department, Government of Bihar, Patna. 3.

District and Sessions Judge, Vaishali at Hajipur. 4.

Registrar, Civil Court, Vaishali at Hajipur.

5.

Drawing and Disbursing Officer, Accounts, Civil Court, Vaishali at Hajipur. 6.

Nazir, Civil Court, Vaishali at Hajipur.

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha ( Ga 7 ) Mr.Abhishek Singh, AC to GA-7 Mr.Abhinav Ashok, AC to GA-7 For High Court :

Mr.Satyabir Bharti, Advocate Mr.Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For directing and commanding respondents to quash the memo no. 12 dated 28.2.2022 (Ann-2) passed by respondent no5, Drawing and Disbursing Officer, Civil Court, Vaishali at Hajipur under the direction of District and Sessions Judge, Vaishali at Hajipur by which petitioner has wrongly been retired on dated 28.2.2022 in place of 30.9.2022 from the post of office attendant, Civil Court.

Patna High Court CWJC No.14343 of 2022(3) dt.20-03-2024 2/3 (ii) And also directing and commanding the respondent to pay all monetary benefit including his salary for the period of 1.3.2022 to 30.9.2022 as he has been deprived due to wrong fixation of date of retirement of the petitioner by the office concerned.

(iii) Also directing and commanding the respondent to enquire the matter under what circumstance petitioner has wrongly been retired before actual date of retirement i.e 30.9.2022.

(iv) Also pay any other dues amount for which the petitioner is found to be legally entitled under the facts and circumstances of the case."

2. At the outset, the learned counsel appearing for the High Court, fairly submits that the Registrar (Administration) Patna High Court, Patna has directed the District and Sessions Judge, Vaishali at Hajipur to take necessary steps for payment of arrears of salary for the intervening period i.e. from 01.03.2022 to 30.09.2022, alongwith other consequential benefits, if any, payable to the petitioner and thereafter make payment of the pensionary benefit, forthwith.

3. In view of the aforesaid, the learned counsel for the petitioner submits that some stipulated time frame be fixed for

Patna High Court CWJC No.14343 of 2022(3) dt.20-03-2024 3/3 making payment of the aforesaid outstanding dues.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District and Sessions Judge, Vaishali at Hajipur to make payment of the aforesaid outstanding dues to the petitioner, within a period of four weeks from today.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U