Bikrama Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14712 of 2023 ====================================================== Bikrama Prasad son of Sri Ram Gahan Ram, Resident of Village-Karamdih, P.S.-Barun, District-Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna.

2.

The Secretary, Revenue Department, Government of Bihar, Patna. 3.

The Collector, District-Aurangabad.

4.

The Block Development Officer, Block-Kutumba, District-Aurangabad. 5.

The Accountant General Bihar, Mahalekhakar Bhawan, Beerchand Patel Path, Patna (Bihar).

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Adv.

For the State :

Mr. Raj Kishore Roy, GP 18 with Mr. Navnit Kumar, AC to GP 18 For the A.G.

:

Mr. Binod Kumar Labh, SC (A.A. & AD) ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-01-2024 Heard the parties.

2. The petitioner, who superannuated from the post of Assistant on 31.08.2016 in the office of the Block Office, Kutumba, District Aurangabad has filed the present writ petition seeking a direction upon the respondents to ensure payment of

Patna High Court CWJC No.14712 of 2023 dt.08-01-2024 2/3 all the retiral dues as well as arrears of pension along with statutory interest over the delayed amount.

3. Counter affidavit as well as supplementary counter affidavit have been filed on behalf of respondent Nos. 3 and 4. It is submitted that an amount of GPF to the tune of Rs.6,46,173/- has already been paid to the petitioner vide Bill No. 75/20-21. Further, Rs.20,90,88/- has been paid vide Bill No. 40/2016-17 under the head of Group Insurance. Similarly, the petitioner has been paid an amount of Rs.47,40,80/- under Bill No. 37/201617 against the earned leave of 300 days. Further submission has been made that pension paper of the petitioner has also been sent to the office of the Accountant General, Bihar vide letter No. 942 dated 23.11.2023 for necessary action.

4. Needless to observe that the petitioner was getting his provisional pension and he has also been paid provisional pension since November 2016 to November, 2023.

5. Considering the submission advanced and the averments made in the supplementary counter affidavit filed on behalf of the respondent Nos. 3 and 4, the present writ petition stands disposed of with a direction to the respondent Nos. 3, 4 and 5 to ensure issuance of necessary authority letter in order to make payment of final pension as well as gratuity, preferably

Patna High Court CWJC No.14712 of 2023 dt.08-01-2024 3/3 within a period of eight weeks from the date of receipt/production of a copy of this order.

6. In case the authority letter is issued by the Accountant General, Bihar, the Treasury Officer shall ensure payment of the same within a further period of four weeks thereafter.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 18.01.2024 Transmission Date