Naresh Prasad Sharma v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.37 of 2018 ====================================================== Naresh Prasad Sharma, S/o Late Geeta Singh, Resident of VillageP.O.- Jaitpur, P.S.- Barhiya, District- Lakhisarai, retired National Discipline Instructor N.D.S.I., R.K.C., High School, Phulwaria, Barauni, Begusarai ... Petitioner

Versus

1.

The Union Of India 2.

The Senior Account Officer, Ministry of H.R.D., Education Department, Shastri Bhawan, New Delhi 3.

The State of Bihar through the Secretary, Art, Culture and Youth Department, Govt. of Bihar, Vikas Bhawan, Patna 4.

The Director, Art, Culture and Youth Department, Govt. of Bihar, Vikas Bhawan, Patna 5.

The Accountant General, U.P. II, Allahabad 6.

The Accountant General, Bihar, Patna 7.

The District Education Officer, Begusarai 8.

The District Account Officer, Begusarai 9.

The District Provident Fund Officer, Begusarai 10.

The District Treasury Officer, Begusarai ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Bankey Bihari Singh, Adv.

For the Respondents :

Mr. Dhurjati Kr. Prasad, GP XIV ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-05-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

Learned counsels for the Union of India and Accountant General, Bihar, Patna, as well as UP II, Allahabad, are also present.

Petitioner had initially preferred the present writ application for his retiral dues. During the pendency of the writ application all other dues of the petitioner has been paid except

Patna High Court CWJC No.37 of 2018(7) dt.17-05-2019 2/2 leave encashment.

A supplementary counter affidavit has been filed on behalf of respondent no. 4 stating therein that a letter has been written to the District Education Officer-cum-District Programme Officer (Establishment), Begusarai, for payment of leave encashment, which is Annexure 'A', dated 10.05.2019. In pursuance to the said letter, the District Education Officer, Begusarai, has informed the Director, Art, Culture and Youth Department, Government of Bihar, that the same would be sanctioned and paid to the petitioner as the allotment of the earlier financial year has lapsed.

Considering the statement, made in the supplementary counter affidavit, filed on behalf of respondent no. 4, the respondent no. 4 is directed to ensure payment of leave encashment to the petitioner within a period of two months from the date of receipt of a copy of this order.

The writ application is, accordingly, disposed of. (Nilu Agrawal, J) Shamshad/- U