Yogendra Nath Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14877 of 2022 ====================================================== 1.

Yogendra Nath Upadhyay Son of Late Radho Upadhyay, Resident of Mohalla- Rajpuatana, Ward No. 33, Dehri On Son, Police Station- Dehri On Son, District- Rohtas.

2.

Hardev Singh son of Late Ramajag Singh, Resident of Ward No. 4, Urdu Bazar, Sohwalia, Police Station - Cochas District- Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Chief Engineer (Mechanical), Water Resource Department, Patna. 4.

The Superintending Engineer (Mechanical), Irrigation Mechanical Circle, Patna.

5.

The Superintending Engineer (Mechanical), Irrigation Mechanical Circle, Gaya, Camp Dehri.

6.

The Executive Engineer (Mechanical), Irrigation Mechanical Division, Dehri.

7.

The Executive Engineer (Mechanical), Irrigation Mechanical Division, Mohania.

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Adv.

For the Respondent/s :

Mr. Anjani Kumar, AAG, 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2023 Learned counsel for the petitioners appeared. No one appears on behalf of the State.

Counsel for the petitioners submits that the present application has been filed seeking direction to the authority to make payment of post retiral dues like GPF amount along with statutory interest for the period of work charge establishment

Patna High Court CWJC No.14877 of 2022(2) dt.24-01-2023 2/3 which had not been paid to the petitioner and also for direction to grant the benefits of ACP along with consequential benefits. Counsel for the petitioners submits that for seeking relief, they have filed a representation to the Executive Engineer ( respondent no. 6) but no action has been taken. Learned counsel for the petitioners further submits that vide Annexure-4 bearing letter no. 532 dated 12.11.2016 was issued to them with regard to payment of petitioners of their retiral dues but nothing happened. Counsel for the petitioners submits that from Annexure-4, it transpired that the similarly situated persons have been granted the relief and therefore, in the light of clause 4C of Bihar Litigation Policy, he has entitled to get relief. Counsel for the State is not present, his name has figured in the list also.

In the light of the above submissions petitioners are granted liberty to file representation before respondent no. 3, the Chief Engineer Water Resources, Patna for their grievances and respondent no. 3 upon receiving the representation of the petitioners shall pass a reasoned order on about the entitlement of the petitioner for the relief prayed in the writ petition upon receiving the representation, he shall pass a reasoned order within six weeks thereafter and assure the admissible dues to the

Patna High Court CWJC No.14877 of 2022(2) dt.24-01-2023 3/3 petitioners within four weeks thereafter.

With the aforesaid direction, this writ petition stands disposed of.

(Dr. Anshuman, J) N.K/- U