Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14891 of 2022 ====================================================== Suresh Prasad Son of Yadunandan Prasad, Resident of Flat No. 101, Annapurna Apartment, Baldev Bhawan, Punaichak, P.S.- Shastri Nagar, District- Patna.Pin Code- 800023 ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

A.N. Sinha Institute of Social Studies, Bihar, Patna through its Registrar. 3.

Director, A.N. Sinha Institute of Social Studies, Bihar, Patna. 4.

Registrar, A.N. Institute of Social Studies, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Srivastava, Adv For the Respondent/s :

Mr.Madhaw Pd. Yadaw (GP-23) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Counsel for the petitioner submits that the present writ application has been filed with a limited prayer to the authority to take steps towards making payment in terms of provisions contained under section 7(3-A) of the Payment of Gratuity Act 1972. Counsel further submits that the said petitioner was moved earlier before this Hon'ble Court in CWJC No. 16725 of 2019 and in compliance of the order passed in the earlier writ, he filed representation annexed as Annexure2 series but the University authority had not taken any step towards payment.

Patna High Court CWJC No.14891 of 2022(2) dt.25-01-2023 2/2 State has not taken any steps towards payment of the same. Counsel for the State submits that a direction may be given to pass reasoned order on the representation filed by the petitioner as Annexure-2 series.

In this view of the matter, the present writ petition is disposed of directing the petitioner to file a fresh representation before the respondent no. 3, who shall pass a reasoned order ascertaining the relief and also disclose the admissible payable amount as per statute to the petitioner. Respondent no. 3 shall assure the payment in the account of the petitioner within four weeks from the date of filing of the fresh writ before him. With the aforesaid direction, this writ petition stands disposed of.

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