Nawal Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15272 of 2022 ====================================================== Nawal Kishor Singh S/o Sri Chandra Deo Singh @ Chander Deo Singh Resident of Rahul Nagar, Road No.- 3, Near S.R.T. School, MIT, P.S.- Brahmpura, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Building Construction Department, Bihar, Patna.

2.

The Principal Secretary, Finance Department, Bihar, Patna. 3.

The Engineer-in-Chief, Building Construction Department, Bihar, Patna. 4.

The Superintendent Engineer, Building Construction Department, Gaya Circle, Gaya.

5.

The Executive Engineer, Building Construction Department, Building Division, Jehanabad.

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Adv.

For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-01-2023 Learned counsel for the petitioner present.

No one appears on behalf of State though the name of GP-22 is showing in the list.

Counsel for the petitioner submits that the present writ application has been filed with limited prayer to grant payment of his arrear amount with interest on pension, calculation of dearness allowance, gratuity and earn leave with interest in the light of the resolution of the Finance Department, Government of Bihar vide memo no.7531 dated 09.11.2021. Counsel for the petitioner submits that the petitioner

Patna High Court CWJC No.15272 of 2022(2) dt.25-01-2023 2/3 was initially joined as Junior Engineer on 06.01.1988 and after completion of his service he is retired from the post of Assistant Engineer, Building Construction Department, Building Division, Jehanabad on 28.02.2021. He further submits that after retirement, petitioner was started getting pension but still there are due pending in this regard, therefore, he has filed representation before the Executive Engineer which is annexed as Annexure-4 for 3rd ACP, Annexure-6 and Annexure-7 on 11.09.2019, 04.01.2022 & 04.08.2022 respectively. Counsel for the petitioner submits that the present writ application may be disposed off directing the respondents to pass a reasoned order on his representation.

In this background, respondent no.3 is directed to pass a reasoned order on the representation filed by the petitioner within 10 weeks from the date of communication of this order, upon passing a reasoned order, if petitioner found payable the admissible dues are hereby directed to be paid within 8 weeks thereafter and if petitioner not found payable, respondent is directed to pass a reasoned order in this regard and communicate the said order to the petitioner. In case of nonpayment, the petitioner shall be at liberty to challenge the said reasoned order before the

Patna High Court CWJC No.15272 of 2022(2) dt.25-01-2023 3/3 appropriate forum.

With this direction, the writ application is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U