Vijay Prasad Rai, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20588 of 2019 ====================================================== Vijay Prasad Rai, aged about 65 years, Male, S/o Sri Rajendra Prasad Rai, resident of Village- Tiswara, P.O.- Sarangpur, P.S.- Tajpur, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2.

The District Magistrate, Samastipur.

3.

The District Education Officer, Samastipur.

4.

The District Programme Officer, (Establishment), Samastipur. 5.

The Block Education Officer, Morwan, Samastipur. 6.

The Treasury Officer, Samastipur.

7.

The Accountant General Bihar, Patna.

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Adv.

For the Respondent/s :

Mr. Umesh Narayan Dubey, AC to GP21 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 06-09-2021 Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.

2. The present writ petition has been filed for the following reliefs as formulated by the petitioner- (i) To make the payment of full pension w.e.f. 01.06.2014.

(ii) To make the payment of arrears, differences of pension.

(iii) To make the payment of Group Insurance, G.P.F., Leave encashment, gratuity etc.

(iv) To make the payment of statutory or penal interest whichever is applicable with respect to aforesaid dues."

Patna High Court CWJC No.20588 of 2019 dt.06-09-2021 2/3

3. Without going into the detailed merits of the matter, this Court takes note of the stand of the petitioner that a part of his retirement benefits were being withheld in view of certain dues owing from him. A statement has been made in the rejoinder to the supplementary counter affidavit that an amount of Rs. 31,481/- said to be the amount remaining with the petitioner in connection with construction of class-room has since been paid on 09.02.2021 into the account of the school (Annexure-D). It is, therefore, submitted that it will suffice if a direction is issued for disposal of the petitioner's representation dated 23.01.2017 (Annexure-3).

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the stand of the petitioner, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Samastipur (Respondent no.4) to consider and dispose of the petitioner's representation dated 23.01.2017 (Annexure-3), if pending, on its own merits in accordance with law and after granting an opportunity of hearing to the petitioner, expeditiously and in any event preferably within a further period of twelve weeks.

6. It is made clear that in view of the ongoing Covid-19 pandemic, any correspondence between the parties may be made

Patna High Court CWJC No.20588 of 2019 dt.06-09-2021 3/3 through e-mail and the petitioner shall be at liberty to request for hearing through video conference. To facilitate disposal, the petitioner shall furnish his mobile number and email ID to the concerned respondent within a week from today. (Vikash Jain, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.09.2021 Transmission Date