Kishor Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13859 of 2024 ====================================================== Kishor Kumar Jha Son of Late Nagendra Jha, Resident of Village-Brahampur, Ward No.-13, Station Road, P.O.-Sakari, P.S.-Manigajhi, District-Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The District Education Officer, Madhubani.

5.

The District Programme Officer, I.C.D.S., Madhubani. 6.

The Secretary, Social Welfare Department, Patna, Bihar. 7.

The Director, I.C.D.S., Bihar, Patna.

8.

The Child Development Programme Officer, Lakhnaur, Madhubani. 9.

The Accountant General (A and E) Bihar, Patna. 10.

The Treasury Officer, Madhubani.

11.

The Assistant Treasury Officer, Madhubani.

12.

The Senior Accounts Officer, Madhubani/Jhanjharpur. 13.

The Accounts Officer, Jhanjharpur, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagjit Roshan, Adv.

Mr. Rajeev Ranjan, Adv.

Mr. Anjani Kumar, Adv.

Mr. Shashank Shekhar, Adv.

Mr. Vivek Kumar, Adv.

For the Respondent/s :

Mr. Kamlesh Kishore, AC to SC-12 for the AG, Bihar :

Dr. Anand Kumar, Adv.

Ms. Vijeta Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-07-2025 Heard the parties.

2. The petitioner superannuated on 31.01.2024 from the post of Clerk-cum-Typist in the office of C.D.P.O., Khajauli, Madhubani; notwithstanding the aforesaid fact, when the

Patna High Court CWJC No.13859 of 2024(2) dt.17-07-2025 2/3 petitioner has not been paid his admissible retiral benefits and other dues as well as arrears of salary, he approached this Court by filing the present writ petition.

3. Mr. Jagjit Roshan, learned Advocate for the petitioner fairly contended that during the pendency of the writ petition, substantive retiral benefits and other dues have been paid to the petitioner, except the leave encashment and group insurance.

4. A counter affidavit on behalf of the respondent nos. 3, 5 and 8 has been filed with a categorical averments, in paragraph no. 13 thereof, that the District Programme Officer, Madhubani approved the medical leave for 88 days and earned leave for 300 days and extraordinary leave for 55 days vide order as contained in Memo No. 2015 dated 18.12.2024. Despite the order aforenoted passed long back on 18.12.2024, till date, the actual payment under the head of earned leave has not been paid to the petitioner. There is no whisper with regard to the claim of group insurance, in the counter affidavit.

5. Considering the aforenoted facts, this Court deems it appropriate to dispose off the writ petition with a direction to the District Programme Officer, I.C.D.S., Madhubani to look into the grievance of the petitioner and ensure payment of

Patna High Court CWJC No.13859 of 2024(2) dt.17-07-2025 3/3 admissible earned leave and group insurance, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order.

6. Suffice it to observe that any delay in payment of admissible amount would attract the penal interest over the due amount, which shall be recovered from the erring officials.

7. The writ petition stands disposed off.

(Harish Kumar, J) shivank/- U