Ram Bachan Tanti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18322 of 2017 ====================================================== Ram Bachan Tanti, son of Asharfi Tanti, resident of Village- Mathurapur, P.S. & District- Khagaria ... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Panchayat Raj, Government of Bihar, Patna

3. The Director, Panchayati Raj, Government of Bihar, Patna

4. The District Magistrate, Khagaria

5. The District Panchayati Raj Officer, Khagaria

6. The B.D.O., Gogari, District- Khagaria

7. The B.D.O., Alauli, District- Khagaria

8. The B.D.O., Chautham, District- Khagaria

9. The B.D.O., Parbatta, District- Khagaria ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ram Sumiran Rai, Adv.

For the Respondents :

Mr. Kumar Alok, SC VII ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-07-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

2. Pursuant to order dated 18.06.2018, the respondent no. 6 is present in Court and has also filed his show cause.

3. On merits, it has been stated that Gratuity, Group Insurance and Leave Encashment have been paid and remaining Pension and Provident Fund are still to be paid. It has further been stated that initially the service book of the petitioner was traceless and only on the basis of whatever

Patna High Court CWJC No.18322 of 2017 dt.02-07-2018 2/3 papers could be found, a duplicate service book has been prepared and based on the same the payments aforesaid have been made.

4. Learned counsel for the State submitted that the petitioner is required to complete the formalities before Pension and Provident Fund could be paid to him. Learned counsel submitted that the amounts have been sent to the Treasury on 30.06.2018 and, accordingly, shall be credited into the account of the petitioner within one week.

5. Having regard to the aforesaid, the Court finds that the authorities have discharged their onus on the basis of the availability of papers on record and now the petitioner has to cooperate fulfilling the legal formalities with regard to payment of remaining dues.

6. Accordingly, the writ petition stands disposed off. The petitioner is required to appear before the respondent no. 6 within two weeks from today along with a copy of this order. Upon the same being done, the respondent no. 6 shall ensure that all required formalities are completed within two weeks and the admissible dues in terms of the records available, shall

Patna High Court CWJC No.18322 of 2017 dt.02-07-2018 3/3 be paid to the petitioner within two months from the date of completing all the formalities.

(Ahsanuddin Amanullah, J) Shamshad/- AFR/NAFR NAFR Uploading Date 03.07.2018