Dr. Manindra Kumar Manish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15327 of 2022 ====================================================== Dr. Manindra Kumar Manish S/o Late Singheswar Prasad Mandal Resident of Binodpur, P.S.-Katihar Sadar, District-Katihar. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Health Department, Government of Bihar, Patna. 3.

The Additional Director Cum Conducting Officer, Health Department, Government of Bihar, Patna.

4.

The Under Secretary, Health Department, Govt. of Bihar, Patna. 5.

The District Magistrate, Katihar, District-Katihar. 6.

The Civil Surgeon, Katihar, District-Katihar. 7.

The Accountanat General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the State :

Mr. Binod Kr. Yadav, SC-18 For the A.G.

:

Ms. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 29-08-2023 Heard Mr. Bhola Prasad, learned counsel appearing on behalf of the petitioner, Mr. Binod Kumar Yadav, learned SC18 appearing on behalf of the State and Ms. Ritika Rani, learned counsel for the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the petitioner seeks to file detailed representation before the Additional Chief Secretary, Health Department, Government of Bihar, for claiming relief for payment of retiral dues as claimed for in the present writ petition. Petitioner has also not been paid

Patna High Court CWJC No.15327 of 2022 dt.29-08-2023 2/3 pension till date. The petitioner had retired from the post of Medical Officer, Sadar Hospital, Katihar, on 30.09.2021.

3. Considering the specific submission made on behalf petitioner and the state of affair reflected in the present case shows that the authority has deliberately not taken any action either two months before the date of retirement of the petitioner or having paid the entire dues in accordance with the several government circular and instruction issued from time to time by the State of Bihar for making payment of retiral dues and fixation of pension within a period of three weeks.

4. The Additional Chief Secretary, Health Department, Government of Bihar, is directed to take immediate steps to call for the service records relating to the petitioner from the office of Civil Surgeon, Katihar, and direct the Civil Surgeon, Katihar, to depute a competent person, who will facilitate in making payment of retiral dues under different heads and also ensure to help in sanctioning of the pensionary dues to the petitioner in accordance with law.

5. The above exercise is directed to be completed within a period of four weeks from the date of filing of the representation. The Additional Chief Secretary, Health Department, Government of Bihar, thereafter, must direct the

Patna High Court CWJC No.15327 of 2022 dt.29-08-2023 3/3 sanctioning authority to forthwith communicate the sanction order to the office of Accountant General, Bihar.

6. The Accountant General, Bihar is directed to fix the pension of the petitioner and communicate the same to the Treasury Officer, Katihar, for payment of pension within a period of three weeks from the date of receiving the sanction letter. The Treasury Officer, Katihar, must not fail to credit the entire amount of pension and gratuity into the pensionary bank account of the petitioner forthwith.

7. In case, the petitioner is aggrieved on account of inaction on the part of any of the authority to abide by the observation made in the present order, he is at liberty to take legal action against the concerned authority in accordance with law.

8. With above observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.08.2023 Transmission Date N/A