Rameshwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18963 of 2016 ====================================================== Rameshwar Singh Son of Late Prabodhan Singh, resident of Village: Basant Jagjiwan, Police Station- Purnahiya, P.O.: Basantpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

2. The Accountant General, Birchand Patel Patna, Patna.

3. The Joint Secretary, Finance Department, the Government of Bihar, Patna.

4. The Deputy Director, Provident Fund Directorate/ Authority, Bihar, Patna.

5. The Deputy Director-cum-Deputy Secretary, the Panchayati Raj Department, Bihar, Patna.

6. The District Magistrate, Sheohar.

7. The Deputy Development Commissioner, (D.D.C.), Sheohar.

8. The District Gram Panchayat Officer, Sitamarhi.

9. The District Provident Fund Officer, Sitamarhi/ Sheohar.

10. The Block Development Officer, Sheohar.

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

For the Petitioner/s :

Mr.Jiwan Prakash Sinha For the Respondent/s :

Mr.Kameshwar Pd. Gupta- Gp10 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

The respondent nos. 6, 7 and 10, the District Magistrate, Sheohar, the Deputy Development Commissioner(DDC), Sheohar and the Block Development Officer, Sheohar respectively were directed vide order dated 19.09.2018 to file a detailed affidavit disclosing the details of payment made under each head along with calculation chart. In pursuance thereto the respondent nos. 6, 7 and 10 have filed

Patna High Court CWJC No.18963 of 2016(6) dt.03-01-2019 2/2 their supplementary counter affidavit stating therein that the entire amount has been paid to the petitioner which is stated in para 6 of the supplementary counter affidavit. Learned counsel for the petitioner submits that interest on gratuity and GPF have not been calculated in the right perspective.

Considering the submissions of the parties, this writ application is disposed of with a liberty to the petitioner to move the respondent no. 6, the District Magistrate, Sheohar along with the representation regarding his remaining claim which will be disposed of by the respondent no. 6 within a period of three months from the date of receipt of such representation. Any amount due on account of interest on the said heads, would be paid to the petitioner within one month thereafter. If no interest is payable to the petitioner, the same shall be communicated by a reasoned order to the petitioner by registered post. (Nilu Agrawal, J) devendra/- U