Arun Kumar Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 9980 of 2016 =========================================================== Arun Kumar Sinha S/o Late Sachchidanand Prasad Sinha, resident of Mohalla Pankha Toli, Lichi Bagan, P.S. Town Thana District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Rural Works Department, Government of Bihar, Visheshwariya Bhavan Beli Road Patna-1.
2. The Principal Secretary, Finance Department, Government of Bihar, Patna-1.
3. The Engineer-in-Chief-cum-Addl.-Commissioner-cum-Special Secretary, Rural Works Department, Government of Bihar, Patna-1.
4. The Chief Engineer-2, Rural Works Department, Government of Bihar, Visheshwariya Bhavan Beli Road Patna.
5. The Dy. Secretary, Rural Works Department, Government of Bihar, Visheshwariya Bhavan Beli Road Patna-1.
6. The Accountant General, Bihar, Patna-1.
7. The In-charge, Finance (Personal, Claims Determination Cell) Government of Bihar Patna.
8. The Superintending Engineer, Advance Planning Circle, Rural Works Department, Government of Bihar Patna.
9. The Executive Engineer, Rural Works Department, Regional Laboratory, Government of Bihar, Purnea.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr.
For the Respondent/s :
Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-05-2018 Heard learned counsel for the petitioner; State and Accountant General.
2. The petitioner has moved the Court for the following reliefs:
"[i] For issuance of an appropriate writ in the nature of mandamus or any appropriate writ/writs, order/order, direction/directions, commanding the respondents to pay the all post retrial dues i.e. Pension, Arrears of pension [from November 2013 to Till date], Gratuity [as per the Rules], Leave
Patna High Court CWJC No.9980 of 2016 dt.15-05-2018 2/2 Encashment [300 days], Group Insurance amount [after calculation of 12% interest over the amount], P.F. amount with interest, Arrears of salary from July2011 to June-2013 to the petitioner. [ii] For issuance of direction to the respondents to make all due payments with statutory & 12% penal interest per annum and also to pay exemplary cost due to latches and harassing attitude of the respondents.
[iii] For issuance of any other appropriate order/orders, direction/directions as your Lordship may deem fit and proper in the facts and circumstances of the case."
3. Today, it is admitted at the Bar that the admitted dues of the petitioner have been paid in terms of the order passed by the authorities dated 11.07.2017, with regard to counting of his leave. Learned counsel for the petitioner prayed that the writ petition be disposed off with liberty to assail the same before the appropriate forum.
4. Learned counsel for the respondents do not oppose.
5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to challenge the order contained in Memo No. 8090 dated 11.07.2017, before the appropriate forum, in accordance with law.
(Ahsanuddin Amanullah, J.) Anand Kr.
AFR/NAFR U