Brijnandan Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3268 of 2018 ====================================================== Brijnandan Prasad Son of Late Ram Govind Prasad, R/o Village Saidpur, P.O.- Khusihalpur, P.S. Ekangar Sarai, District Nalanda A/P Mahi Khandak Sundargarh, Bihar Sharif, P.O. and P.S.- Biharsharif, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief Secretary, Govt. of Bihar 2.
The Secretary, Road Construction Department, Govt. of Bihar. 3.
The Deputy Secretary, Road Construction Department, Govt. of Bihar. 4.
The Secretary, Bihar Police Building Construction Corporation, Kautilya Nagar, Patna- 14.
5.
The Executive Engineer, Bihar Police Building Construction Corporation, Division Muzaffarpur, Camp 6.
The Accountant General, Bihar Patna.
7.
The Provident Fund Commissioner, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rewti Kant Raman For the State :
Mr. Mahendra Prasad Verma, AC to SC-20 For the BPBCCD :
Mr. Prasoon Sinha For the AG :
Mr. Binod Kumar Labh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-07-2019 The learned counsel for the respondents, referring to their respective counter affidavits, have submitted that the full amount of pension and gratuity has already been sanctioned vide Departmental Letter dated 31.8.2018 and the amount under the heading GPF totalling to a sum of Rs. 10.77 lakhs approximately has also been paid. It is further submitted that
Patna High Court CWJC No.3268 of 2018(4) dt.08-07-2019 2/3 necessary orders regarding leave encashment, payable to the petitioner, has also been made vide letter dated 10.4.2019 amounting to a sum of Rs. 8.30 lakhs, approximately. Lastly, it is submitted that a sum of Rs. 2.12 lakhs approximately has also been authorized for payment to the petitioner by way of group insurance amount. Thus, it is submitted that nothing remains to be paid.
Per contra, the learned counsel for the petitioner submits that he has got no knowledge as to whether actually, the petitioner has received the aforesaid amounts or not. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition, in view of the statements made in the counter affidavits filed by the respondents, however, with a further direction that in case, the actual payment has not been credited to the account of the petitioner herein, the same will be done within a period of eight weeks from today, failing which the Secretary, Road Construction Department, Government of Bihar shall not draw his salary.
The writ petition stands disposed of with the aforesaid directions.
Let a copy of this order be transmitted to the
Patna High Court CWJC No.3268 of 2018(4) dt.08-07-2019 3/3 Secretary, Road Construction Department, Government of Bihar by the registry.
(Mohit Kumar Shah, J) ajay gupta/- U