Chitranjan Mallik v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.909 of 2018 ====================================================== Chitranjan Mallik son of Late Shri Nath Mallik resident of Village - Dilarpur, Post Office - Dilarpur, Police Station - Manihari, District - Katihar. ... ... Petitioner/s

Versus

1. The State Of Bihar through the Chief Conservator of Forest, Department of Forest & Environment, Government of Bihar, Patna.

2. The Principal Chief Conservator of Forest, Department of Forest and Environment, Government of Bihar, Patna.

3. The Forest Conservator, Forest Division, Patna.

4. The District Forest Officer, Munger.

5. The District Forest Officer, Kaimur at Bhabua.

6. The Treasury Officer, Purnea.

7. The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Md. Shamimul Hoda For the Respondent/s :

Mr. Gajendra Pd. Yadav- SC17 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

Petitioner retired from the post of Forester on 30.01.2017 and prays for payment of unutilized leave encashment, fixation of pension and re-fixation of pay as per the 3rd ACP since 01.01.2009.

A counter affidavit has been filed by on behalf of the respondent nos. 1, 2 and 5 stating therein that after the petitioner

Patna High Court CWJC No.909 of 2018(5) dt.19-02-2019 2/2 furnished the no objection certificate, all payments in relation to retiral benefits, 3rd Assured Career Progression due to 7th pay revision has been paid to him which is Annexure-B series. However, learned counsel appearing on behalf of the petitioner submits that for some period payment has not been made. Considering the remaining claim of the petitioner, let the petitioner file a representation before the respondent no. 2, the Principal Chief Conservator of Forest, Department of Forest & Environment, Government of Bihar, Patna which will be disposed of within a period of three months from the date of its presentation. Any admissible amount would be paid to the petitioner within a period of two months thereafter. If certain amounts as claimed by the petitioner are inadmissible, the same shall be communicated to the petitioner by speaking order sent through registered post.

Writ application is disposed of accordingly.

(Nilu Agrawal, J) devendra/priyanka U