Bhagirath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15079 of 2016 =========================================================== Bhagirath Prasad Son of Late Sri Karu Prasad, resident of 2nd Floor, Pearl Hospital, Yogipur, Hanumaan Nagar, P.S.- Patrakarnagar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2. The Director-in-Chief, Department of Health, Government of Bihar, Patna.

3. The Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur.

4. The Additional Chief Medical Officer, Muzaffarpur.

5. The District Malaria Officer-cum- District Vector Born Control Disease Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 05-07-2018 Heard learned counsel for the petitioner and State.

2. The petitioner has moved the Court for payment of his admitted retiral dues.

3. Today, it is admitted at the Bar that all admissible retiral dues have been paid except for pension and gratuity, which has been paid provisionally to the extent of 90%. It is also admitted at the Bar that a departmental proceeding initiated during the service period of the petitioner is still pending. In view of the law laid down by a Full Bench of the Court in C.W.J.C. No. 15328 of 2016 dated 02.05.2018 in the case of Arvind Kumar Singh vs. The State of Bihar and Ors., the Court finds that, as of now, all admissible dues

Patna High Court CWJC No.15079 of 2016 dt.05-07-2018 2/2 of the petitioner have been paid. Such position is not disputed by learned counsel for the petitioner.

3. In view thereof, the writ petition stands disposed off with the observation that as and when the departmental proceeding against the petitioner is concluded, the concerned authorities shall ensure that necessary order with regard to grant of final pension and gratuity is issued, without any undue delay.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U