Kailashpati Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3155 of 2018 ====================================================== Kailashpati Singh, S/o Late Chhota Singh, R/o Village- Amatha Khem, P.O.- Line Bazar, P.S.- Mirganj, District- Gopalganj. .... .... Petitioner.

Versus

1. The State of Bihar through the Chief Secretary, Patna, Bihar.

2. The Director Secondary Education, Budha Marg, Patna.

3. The Regional Deputy Director Education, Saran Division, Chapra.

4. The District Education Officer, Siwan.

.... .... Respondents.

====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Shahi For the Respondents : Mr. S.C. Mishra- SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and counsel appearing for the State.

The grievance of the petitioner in the present writ application is that due to non-availability of the service book, the petitioner is not getting the pensionary benefit. Counsel for the petitioner submits that respondents are the custodian of the service book and if the service book is missing, it is obligatory on the part of the respondent to prepare duplicate service book so that pensionary benefit of the petitioner may be paid expeditiously.

In view of the aforesaid, this writ application is disposed of with direction to the respondent No. 2 who shall make

Patna High Court CWJC No.3155 of 2018 (2) dt.27-02-2018 endeavour by directing the concerned authorities to provide relevant documents so that the service book of the petitioner may be reconstructed.

The entire exercise with regard to reconstruction of service book of the petitioner may be taken by the respondent within a maximum period of four months from the date of receipt/production of copy of the order.

The petitioner is to retire in March, 2018. The petitioner will be at liberty to get the benefit of retiral dues. (Anil Kumar Upadhyay, J) A.K.V./- U