Devendra Nath Shukla v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17915 of 2016 =========================================================== Devendra Nath Shukla, Son of Late Jai Narain Shukla Resident of Rajeev Nagar, Ward No. 14, P.S. - Gopalganj, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Principal Secretary, Rural Engineering Organization, Bihar, Patna.

4. The Managing Director, Bihar State Pul Nirman Nigam, Patna.

5. The Engineer-in-chief-cum-Additional Commissioner-cum-Special Secretary Road Construction Department, Bihar, Patna.

6. The Additional Secretary Road Construction Department, Bihar, Patna.

7. The Joint Secretary, Road Construction Department, Bihar, Patna.

8. The Executive Engineer, Bihar State Pul Nirman Nigam Ltd World Bank Scheme Patna Division, Patna.

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

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Advocate For the State :

Mr. Uday Prasad, A.C. to G.P. 22 For the Pul Nigam :

Mr. Md. Nadim Seraj, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-08-2018 Heard learned counsel for the petitioner; State and Bihar State Bridge Construction Corporation.

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

"(i) For issuance of writ/writs, order/orders, direction/directions in the nature of mandamus commanding/directing the respondents to pay the entire retiral dues alongwith statutory interest i.e. pension, leave encashment, gratuity along with other admissible to the petitioner, who retired from service as Junior Engineer, Bihar State Pul Nirman Nigam Ltd, Outer Division Patna on 31.01.2016. The petitioner approached and filed several representations to the respondents for making

Patna High Court CWJC No.17915 of 2016 dt.02-08-2018 2/2 payment of retiral dues but up till now no payment has been made by the respondents.

(ii) Any other relief/reliefs may be granted in favour of the petitioner for which he is found entitled in the facts and circumstances of the case."

3. From the counter affidavit filed on behalf of respondents no. 2, 3 and 5 to 7, it transpires that all admitted dues of the petitioner have been paid in the year 2016 itself, upon superannuation of the petitioner on 31.01.2016.

4. In view thereof, the Court finds that no order is required to be passed on the writ petition and accordingly, the same stands disposed off.

5. However, if, as per the statutory provisions, if interest is due on any payment, the same, if not paid shall be made to the petitioner upon filing a representation giving details thereof. If such a representation is filed within four weeks from today, before the respondent no. 3, the same shall be considered and disposed off by passing a reasoned order within four weeks of filing of the same. If any amount is found payable, the same shall be paid within four weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U