Rajendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5082 of 2018 ====================================================== Rajendra Prasad, Son of Late Vasudeo Narayan, Resident of Village & Post Warsaliganj, Near Saradar Patel Nagar Railway Crossing, Police Station Warsaliganj, District-Nawada.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Nawada.

3. The Civil Surgeon, Nawada,

4. The Additional Chief Medical Officer, Nawada.

5. The Accountant General, Bihar. Patna.

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the Respondent/s :

Mr. Sudish Kumar, AC to PAAG-2 For the Accountant General Mr. Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel appearing on behalf of Accountant General, Bihar, Patna.

This writ application has been filed by the petitioner, who retired from the post of Basic Health Inspector, Nawada on 31.07.2007, praying therein for providing the part of the Group Insurance as well as Provident Fund, which has not been paid to him and he has filed a representation before the Respondent No.2, The District Magistrate, Nawada of non-payment under the aforesaid heads dated 04.02.2010, which is annexed as Annexure-2 series to the writ application.

Patna High Court CWJC No.5082 of 2018(3) dt.04-12-2018 2/2 A counter affidavit has been filed by the Respondent No. 4, admitting dues amount which has already been paid to the petitioner with a statement that the Incharge, Medical Officer, Nawada, Primary Health Centre, Rajauli, Nawada has been apprised of the grievances of the petitioner vide letter No. 116 dated 05.05.2018, as contained in Annexure- "D" but no reply has yet been received.

Considering the prayer of the petitioner, this writ application is disposed of with a liberty to petitioner to file a fresh representation before the respondent No. 2, in which the petitioner shall submit left over dues, which would be considered by the Respondent No. 2, the District Magistrate, Nawada within a period of two months from the date of filing of such representation. Payment to be made within a fortnight of thereafter. If some dues as shown by the petitioner, is not admissible, the District Magistrate, Nawada, Respondent No.2 would pass a speaking order and communicate the same to the petitioner by registered post.

(Nilu Agrawal, J) sudha/- U