Rajive Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14487 of 2016 ====================================================== Rajive Kumar Son of Late Ravindra Prasad Singh Resident of Village: Chandpura, PS:- Nima chandpura, Deistrict Begursarai ... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Primary Education, New Secretariat, Patna null null
2. The Block Education Officer, Asarganj, District:- Munger null null
3. The District Superitendent of Education, Munger
4. The District Education Officer, Munger ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Tiwari For the Respondent/s :
Mr. Madanjeet Singh- Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The present writ petition is filed by the petitioner for pay dues salary in the revised pay scale in the light of the Memo No. 2985 dated 08.05.2015.
On behalf of the respondents following stand has been taken in paras 13 to 16 of the counter affidavit which are quoted hereinbelow for ready reference:- "13 That it is further submitted that the H.M cum Drawing and Disbursing Officer.
Middle School, Jalalabad. Asarganj, Munger vide letter no. 38 dated 31.03.2018 informed the District Programme Officer, (est.).
Munger that a bill of Rs. 16, 95,863/- has
Patna High Court CWJC No.14487 of 2016(5) dt.14-05-2018 2/3 been prepared and sent to treasury for payment, but the treasury has not accepted the bill, in absence of required PAN and non-functional of the GPF account of the petitioner.
14 That the Principal of the school further communicated letter no. 39 dated 02.04.2018 with respect to absent of the petitioner from duty as well communication to the petitioner through registered post for taking steps for operation of his GPF account and also to make available the required PAN at the earliest.
15. That in response of the above mentioned communication, the petitioner furnished the details, which has been duly received in the office of the District Programme Officer, (est.) Munger on 05.14.2018.
16. That after his joining only and after receipt of the necessary details from the petitioner, necessary steps were be taken for payment of admitted salary to the petitioner at the earliest."
Considering the stand taken by the respondents in the counter affidavit, there is no point to keep the matter pending. Accordingly, the respondents are hereby directed to take step for payment of admitted dues to the petitioner and complete the entire exercise within a period of 60 days from the
Patna High Court CWJC No.14487 of 2016(5) dt.14-05-2018 3/3 date of receipt/production of a copy of this order failing which the respondents shall be liable to pay interest at the rate of 9 per cent from the date of its accrual till the date of actual payment from their own pockets.
With the aforesaid, the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) Ravi/- U