Nripendra Nath Sahay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17353 of 2022 ====================================================== Nripendra Nath Sahay Son of Late Bishwanath Sahay Resident of flat no.- 4/C- Sundari Ganga Villa, Near Krishna Niketan, Jakariapur, New By-pass Road, P.O.- P.S.- District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Bihar, Patna.

2.

The Secretary, Rural Works Department, Bihar, Patna. 3.

The Director, Finance (P.C.F.C.) department, Bihar, Patna. 4.

The Director, Provident Fund, Bihar, Patna.

5.

The District Treasury Officer, Patna.

6.

The Accountant General, Bihar, Birchand Patel Path, R-Block, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha with Mr. Pranav Kr Jha, Advocates For the State :

Mr. Satya Vrat, AC to GP 10 For the A.G., Bihar :

Mrs. Nivedita Nirvikar, Sr. Adv. with Mr. Lalan Kumar, Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 25-01-2024 Heard Mr. Subodh Kumar Jha, learned counsel appearing on behalf of the petitioner; Mr. Satya Vrat, learned counsel for the State and Mr. Lalan Kumar, learned counsel for the Accountant General, Bihar.

Patna High Court CWJC No.17353 of 2022 dt.25-01-2024 2/3

2. At the outset, learned counsel for the State, by referring to the averments made in the supplementary counter affidavit filed on behalf of the respondent-Executive Engineer LAEO, Works Division-I, Bhagalpur, submitted that in compliance of the order of this Court, the petitioner has been paid all his admissible due amount, including, gratuity and pension. It is further submitted that the petitioner has also been paid the amount of unutilized salary as well as GPF and Group Insurance. Further submission has been made that due salary for the period 22.09.2007 to 17.06.2009 and 06.02.2013 to 12.03.2013 has also been sanctioned and credited in the bank account of the petitioner. He lastly drew the attention of this Court to a letter written by the petitioner on 13.01.2024 that all the admissible retiral/other dues have been received by him.

3. At this juncture, learned counsel for the petitioner submitted that though a letter has been given by the petitioner but it cannot be said that he was not in a bargaining position and the fact is that till date the petitioner has still certain grievance with regard to revision of pension and its arrears on account of 7th Pay Revision as well as certain amount under the head of GPF for certain period and interest over the delayed period.

4. Considering the submissions advanced on behalf of

Patna High Court CWJC No.17353 of 2022 dt.25-01-2024 3/3 the parties, the present writ petition stands disposed of.

5. Needless to observe that if the petitioner has still any grievance, he has remedy to approach before the concerned respondent(s) by filing an appropriate representation. In case such representation is filed, the same shall be considered and disposed of, in accordance with law.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 29 .01.2024 Transmission Date