Shri Rameshwar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7195 of 2017 =========================================================== Shri Rameshwar Pandey, Son of Late Rajnandan Pandey, Resident of AtMoriawan, P.O.- Datiyana, Via- Bikram, P.S.- Bikram, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Agriculture Department Government of Bihar.

2. The Directorate of Agriculture, Patna, Bihar.

3. The Joint Director of Agriculture Magadh Pramandal, Gaya.

4. The District Agriculture Officer, Gaya.

5. The Block Development Officer, Tekari, Gaya.

6. The Accountant General of Bihar, Birchand Patel Marge, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Kumar and Mr. Rama Kant Singh, Advocates For the State :

Mr. Shailendra Kuamr, A.C. to P.A.A.G. 2 For the Accountant General :

Mr. Arun Kumar Arun, Advocate (Respondent no. 6) =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 31-01-2018 Heard learned counsel for the petitioner; State and Accountant General.

2. A categorical stand has been taken on behalf of the respondents that the petitioner has never completed the formalities for starting of payment of his legal dues. It was further submitted that if the petitioner appears before the authorities concerned, the

Patna High Court CWJC No.7195 of 2017 dt.31-01-2018 2/3 formalities shall be completed and thereafter, consequences shall follow by ensuring payment of legitimate dues of the petitioner.

3. In view thereof, let the petitioner appear before the respondent no. 4 within one week from today, who shall ensure that the formalities required are completed within two working days of the petitioner appearing before him. Thereafter, necessary orders will be passed and payment made to the petitioner without any delay.

4. Learned counsel for the Accountant General has submitted that he has already issued authority and had directed the Treasury Officer, Gaya to ensure that actual payment is made after formalities are completed.

5. Accordingly, the writ petition stands disposed off with a direction to the petitioner to appear before the respondent no. 4, who shall get all the formalities completed and thereafter, the authorities concerned shall ensure payment to the petitioner within one month from the date of completing of the formalities.

6. Whatever objection is being raised by learned counsel for the State relates to the petitioner not supplying supporting documents, whereas on the other hand, the stand of the petitioner is that he has submitted all papers. The Court cannot go into such factual dispute. However, if the petitioner once again supplies all the documents, which the authorities are asking him to submit, upon

Patna High Court CWJC No.7195 of 2017 dt.31-01-2018 3/3 submission of the same, the authorities shall take a final view in the matter. The petitioner shall be at liberty to raise all the claims which has been raised in the writ petition by filing detailed representation which shall be considered and disposed off by a reasoned order. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U