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Patna High CourtCWJC/12897/2023disposed

Chandrabhanu Singh v. The State Of Bihar

2023-09-27Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12897 of 2023 ====================================================== Chandrabhanu Singh Son of Shavnand Singh Resident of Village and P.O.- Chilahari, P.S. Dumraon, District-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

Director General of Police, Bihar, Patna.

3.

Additional Director General of Police (Bazette, Appeal and Welfare) Bihar, Patna.

4.

Inspector General of Police, Central Range, Patna. 5.

Senior S.P., Patna.

6.

The Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Hriday Prasad, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) Mr. Shailesh Kumar, AC to GP 5 For the AG :

Mr. (Dr.) Anand Kumar, Advocate Mr. Ramesh Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 27-09-2023 Heard Mr. Ram Hriday Prasad, learned counsel appearing on behalf of the petitioner; Md. Nadim Seraj, learned GP 5 for the State and Mr. (Dr.) Anand Kumar, learned counsel for the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner is entitled for provisional pension, gratuity and other retiral dues.

3. Considering the fact that departmental proceeding was not concluded within the service period of the petitioner, who retired on 31.07.2021, the authority concerned is directed

Patna High Court CWJC No.12897 of 2023 dt.27-09-2023 2/2 to consider the grievance of the petitioner for payment of 90% pension and gratuity and other retiral dues in accordance with law laid down in the case of Lilawati Mishra Vs. The State of Bihar reported in 2022(2) PLJR 671. Learned counsel for the petitioner further submits that in the facts and circumstances of the case, the petitioner will file a detailed representation before the Senior Superintendent of Police, Patna for redressal of his grievance, as claimed for, in the present writ petition.

4. The Senior Superintendent of Police, Patna is directed to consider the grievance of the petitioner, as claimed for, in the present writ petition, in the light of the decision rendered in the case of Lilawati Mishra (Supra) and decide the same in accordance with law within a period of four weeks from the date of filing of such representation and also make payment to which the petitioner is entitled within the aforesaid period.

5. The writ petition is disposed of.

(Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2023 Transmission Date NA