Baliram Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7335 of 2016 =========================================================== Baliram Prasad Singh, aged about 71 years, S/o Late Yogeshwar Singh R/o Mithanpura Lala Narayanpur Road, near Vaishali Management College, Muzaffarpur, P.S.- Mithanpura, Distt- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resources Development, Govt. of Bihar, Patna.

2. The Director, Secondary Education, Govt. of Bihar, Patna.

3. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

4. The District Education Officer, Motihari.

5. The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Arvind Kumar Verma with Ms. Kumari Roma, Advocates For the State :

Mr. J. K. Roy, SC 13 For the Accountant General :

Mrs. Namrata Mishra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 09-05-2018 Heard learned counsel for the petitioner; State and Accountant General.

2. The petitioner has moved the Court for the following reliefs:

" That this is an application for issuance of a writ on mandamus or any other writ or order/orders or direction to command the Respondents to pay the full pension, leave encashment and full gratuity after adjusting the amount already paid."

Patna High Court CWJC No.7335 of 2016 dt.09-05-2018 2/2

3. In the counter affidavit filed on behalf of respondent no. 4, at paragraph no. 11, a categorical statement has been made that the petitioner has already been paid the retiral benefits, as applicable. Copy of the counter affidavit had been served on learned counsel for the petitioner on 19.04.2018 but till date no rejoinder to the same has been filed.

4. Having regard to the aforesaid, the Court finds that whatever was legally due to the petitioner has been paid. Accordingly, the writ petition stands disposed off.

5. However, if the petitioner feels that any further amount to which he is legally entitled remains unpaid, he shall be at liberty to move before the appropriate authority, in accordance with law, by filing a detailed representation. If the same is filed, the authority concerned shall look into the matter and pass a reasoned order thereupon and further, if any payment is required to be made in terms of the order to be passed, the same shall also be paid to the petitioner.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U