Shahnaz Bano v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2927 of 2018 ====================================================== Shahnaz Bano, D/o Late Gholam Murtaza, C/o Mr. E.K. Pailawi, resident of Mohalla- Azimabad Colony, P.O.- Mahendru, P.S.- Sultanganj, DistrictPatna- 800006. ... ... Petitioner/s

Versus

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

2. The Joint Secretary, Department of Social Welfare, Bihar, Patna.

3. The Accountant General (A & E), Bihar, Birchand Patel Path, Patna.

4. The Under Secretary, Finance (Wetan Nirdharan Kosang) Department Flat No. 9, 10 Transit Hostel, Birchand Patel Path, Patna.

5. The District Programme Officer, Integrated Child Development Scheme, (I.C.D.S.) At & P.O. Chapra, District- Saran.

6. The State of Jharkhand through District Provident Fund Officer, Giridih (Jharkhand).

7. The Child Development Project Officer, Giridih (Jharkhand).

8. The Child Development Project Officer, At & P.O. Iswapur, District- Saran.

9. The District Provident Fund Officer, Chhapra Collectorate at and P.O. Chhapra District- Saran.

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

For the Petitioner/s :

Mr. Md. Fazal Rahman For the Respondent/s :

Mr. Prashant Pratap -Gp2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 14-12-2018 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the State of Jharkhand and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

Petitioner who retired from the post of Child Development Project Officer on 30.11.2014 prays for payment of arrear of pension, gratuity, leave encashment, pension commutation value, group insurance, G.P.F. amount and interest

Patna High Court CWJC No.2927 of 2018 dt.14-12-2018 2/3 accrued due to delayed payment.

A counter affidavit has been filed on behalf of the respondent nos. 5 and 8, the District Programme Officer, ICDS, Chapra, District-Saran and the Child Development Project, Officer, Iswapur, District-Saran therein that the service book of the petitioner was not made available by the petitioner. Petitioner has filed a rejoinder to the said counter affidavit and by Annexure-15/1 dated 30.08.2018, the service book has been returned to the Joint Secretary, Social Welfare Department and vide Annexure-15/2 and 15/3 no dues certificate has been granted and sent to the Accountant General Office and the G.P.F. office, Saran, Chapra has also been informed by the Joint Secretary, Social Welfare Department for releasing of the G.P.F. dues.

Considering the said statement made in the rejoinder filed by the petitioner, this writ application is disposed of with a direction to the respondent no. 2 to calculate the entire retiral dues admissible to the petitioner within a period of three months. The respondent no. 2, the Joint Secretary, Department of Social and Welfare, Bihar would calculate the entire retiral dues admissible to the petitioner which will be sent to the office of the Accountant General, Bihar, Patna, respondent no. 3 within

Patna High Court CWJC No.2927 of 2018 dt.14-12-2018 3/3 the said period and any payment towards admissible post retiral dues would be paid to the petitioner within one month thereafter.

(Nilu Agrawal, J) devendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA