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Patna High CourtCWJC/13461/2017disposed

Dashrath Ram v. The State Of Bihar And ORS

2019-07-17Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13461 of 2017 ====================================================== Dashrath Ram S/o Dhaneshwar Ram, Resident of Village- Pakaria, Police Station- Akorhi- Gola, District- Rohtas Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner, Irrigation Department, Government of Bihar, Patna 2.

The Chief Engineer, Irrigation Mechanical Deptt. Govt. of Bihar, Patna. 3.

The Superintending Engineer, Irrigation Mechanical, Gaya- Camp, Dehri On Sone, District- Rohtas.

4.

The Executive Engineer, Irrigation Deptt. Biharsharif, Dist.- Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madheshwar Singh For the Respondent/s :

Mr.Harish Kr.-Gp8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-07-2019 The learned counsel for the respondents, referring to the counter affidavit filed on behalf of respondents no. 1, 2 and 3, submits that the grievances of the petitioner stand redressed and in this connection, it would be relevant to reproduce hereinbelow paragraphs no. 8 to 12 of the counter affidavit :- "8. That it is stated that the petitioner had been paid all the retiral dues except the amount of GPF from 24.06.1987 to 05.08.1993 as in this said period the petitioner was under work charge establishment of Executive Engineer Bihar Sharif.

9. That it is stated that the petitioner had rendered his service from 01.01.1986 to 15.06.1987 in work charge establishment of Executive Engineer, Irrigation Division

Patna High Court CWJC No.13461 of 2017(4) dt.17-07-2019 2/3 no, 2 Jamui, Munger. Again the petitioner was posted in the work charge establishment of Executive Engineer Sone Canal Modernization division, Sasaram from 18.06.1987 to 04.08.1993. The petitioner had joined in the office of Irrigation Mechanical Division, Dehri vide letter no. 27 dated 31.07.1993 issued by Executive Engineer, Sone Cal Modernization Division, Sasaram.

10. That the Executive Engineer (Mechanical), Dehri requested the Executive Engineer Bihar Sharif vide letter no. 935 dated 06.11.2017 to provide the GPF amount along with interest in the form of Bank Draft for the period of 24.06.1987 to 05.08.1993.

11. That it is stated that the Executive Engineer, Irrigation Division, Bihar Sharif had requested the Superintending Engineer, Yojana Monitering Anchal no. 3, Water Resources Department, Patna vide letter no. 88 dated 27.01.2018 for grant of allotment of Rs. 38087/- so that GPF amount of the petitioner will be paid as the petitioner was posted from 04/1987 to 07/1992 at Irrigation Division, Bihar Sharif

12. That it is stated that vide letter no. 89 dated 27.01.2018 the Executive Engineer Irrigation Division, Biharsharif informed the Executive Engineer (Mechanical) Irrigation Division that the conciliation from salary of the petitioner for the period of 08/1992 to 07/1993 had already been deposited in his allotted GPF account no.

-ROH/RVP/1385 and District Provident Officer have to account the said fund. The Executive Engineer Bihar Sharif had also mentioned in his letter that for the period of 04/1987 to 07/1992 allotment had already been requested vide letter no. 88 dated 27.01.2018 and he had also mentioned that Bank Draft will be sent the

Patna High Court CWJC No.13461 of 2017(4) dt.17-07-2019 3/3 moment allotment will be received.

Allotment issued vide letter no. 327 dated 15.02.2018 of W.R.D. Bihar in the name of Sinchai Division, Biharsharif for the payment of Sri Dashrath Ram against CWJC no. 13461/2017 amounting to 38,087/- (Thirty Eight thousand Eight Seven only)"

A counter affidavit has been filed on behalf of respondent no. 10 and it has been stated therein that the G.P.F. amount along with interest for the period 24.06.1987 to 05.08.1993 has also been paid to the petitioner vide demand draft dated 14.03.2018 amounting to a sum of Rs. 38,087/-. This Court finds that nothing remains for consideration in the present writ petition. Accordingly, the same stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U