Sudhist Narayan Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11037 of 2018 ====================================================== Sudhist Narayan Sahni, S/o Late Chhapsi Sahni, Resident of Village- North Dhamoun, P.S.- Patori, District- Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resource Department, Bihar, Patna.

2. District Magistrate cum Collector, Samastipur.

3. The District Education Officer, Samastipur.

4. The District Programme Officer, Samastipur.

5. The Block Education Officer, Block Morwa, Samastipur.

6. The Principal, Middle School Sagar, Morwa, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocat3e For the Respondent/s :

Mr. Prabhakar Jha- Gp27 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-12-2018 Heard lerned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner retired from the post of Assistant Teacher from the Middle School, Bajitpur Carnel, BlockMorwa, Samastipur w.e.f. 30.01.2017 and has prayed for payment of his entire retiral dues.

It has been submitted that no dues certificate has not been issued by the Respondent No. 6 the Middle School, Bajitpur Carnel, Block- Morwa, Samastipur uptill now. A counter affidavit has been filed on behalf of the Respondent No. 5, the Block Education Officer, Morwa, Samastipur, and in para-5 it has been stated that since no dues

Patna High Court CWJC No.11037 of 2018(2) dt.10-12-2018 2/2 certificate from the Principal, Middle School, Bajitpur Carnel Block, Morwa, Samastipur has not yet been received process for grant of retiral benefits to the petitioner, could not be processed.

Considering the nature of prayer made by the petitioner, this writ application is disposed of with a direction to the respondent No. 6, The Principal, Middle School,Bajitpur Carnel Block, Morwa, Samstipur to look into the matter and take steps for issuance of no dues certificate to the petitioner. If no such dues is to be recovered from the petitioner, the same be sent to the respondent No. 5, forthwith. The Block Education Officer, Block- Morwa, Samstipur would then make payment of the admissible dues of the petitioner within a period of two months from the date of receipt of no dues certificate from Respondent No. 6. If any dues are not admissible, the same would be communicated to the petitioner by a speaking order through registered post.

(Nilu Agrawal, J) sudha/- U