Ajay Kumar Sharan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14424 of 2022 ====================================================== Ajay Kumar Sharan Son of Late Yadunandan Saran, Resident of VillageGamharia, Ward No. 7, P.S.- Gamharia, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, New Secretariat, Patna.

2.

Director Primary Education, Education Department, New Secretariat, Patna. 3.

Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 4.

District Education Officer, Araria.

5.

District Programme (Establishment) Officer, Education Department, Araria. 6.

District Provident Officer, Araria, District- Araria. 7.

Accountant General, Bihar, Veer Chand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratap Sharma, Adv.

For the State :

Mr.Kameshwar Kumar, GP-17 Mr.S.K. Ranjan, AC to GP-17 For the Acc. Gen.

:

Mr.Viviekanand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ petition is being filed for issuance of order/orders, an appropriate writ/writs, direction/directions for quashing the order dated 15.02.2022 as contained in memo No.114 whereby and whereunder without initiating the departmental proceeding the proceeding under Rule-43(B) of Bihar Pension Rules has been initiated against the petitioner and show cause has been issued under Rule- 139 (Kha) of Bihar Pension Rules vide letter dated

Patna High Court CWJC No.14424 of 2022(2) dt.20-02-2024 2/2 02.09.2022 and further prayer of petitioner for payment of pensionary benefit including Final Pension, Gratuity, Leave Encashment, Provident Fund and other emolument for which petitioner is entitled in accordance with law alongwith 12% interest apart of statutory interest.

2. At the outset, the learned counsel for the petitioner submits that since the petitioner has already stood exonerated from the departmental proceedings in question and he has now been paid all the retiral dues, except some portion of the G.P.F. amount, he be granted liberty to agitate his subsisting grievances before the respondent-authorities, including that of payment of interest on the delayed payment of the retiral dues. Liberty so sought is granted.

3. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) sonal/- U