Jaideo Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10518 of 2017 =========================================================== Jaideo Rajak Son of Late Sukan Rajak resident of Village - Tara, P.O. - Fafaut, P.S. - Khodavandpur, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj, Government of Bihar, Patna.

2. The District Magistrate, Begusarai.

3. The Additional Collector, Begusarai.

4. The Deputy Development Commissioner, Begusarai.

5. Block Development Officer, Mansurchak, Begusarai.

6. Sub Divisional Development Officer, Teghara, Begusarai.

7. Block Development Officer, Barauni.

8. District Panchayati Raj Padadhikari, Begusarai.

9. Accountant General, Bihar, Patna.

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

For the Petitioner/s :

For the Accountant General : Mr. Kameshwar Prasad Gupta, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-02-2018 Nobody appears on behalf of the petitioner. Learned counsel for the State and Accountant General have been heard.

2. In terms of the earlier order of the Court, the State authorities have paid the admitted retiral dues of the petitioner, except for pension and despite the Court earlier directing the petitioner to appear before the authority for completing the formalities, he is said not to have done so as has been stated in the supplementary counter affidavit filed on behalf of respondents no. 1 to 5 which has been affirmed on 12.02.2018. It has further been stated that after taking

Patna High Court CWJC No.10518 of 2017 dt.16-02-2018 2/2 necessary steps the petitioner has been intimated by letter dated 01.02.2018 to submit the relevant documents, which is awaited.

3. In view of the fact that the retiral dues of the petitioner have been paid and pension has not started due to the own laches of the petitioner, and despite the Court granting him indulgence, and directing him to appear before the authorities latest by 23rd January, 2018, him not having done so, the authorities cannot be faulted. Moreover, there being no representation on his behalf today, the Court does not deem it necessary to keep the matter pending.

4. Accordingly, the writ petition stands disposed off with liberty to the petitioner to approach the authorities concerned and complete the formalities relating to payment of pension. Upon the same being done, the authorities shall forward the sanction order to the Accountant General, who, in turn, shall ensure that the authority for the amount to which the petitioner may be entitled is issued within two weeks from the receipt of the sanction order of the State authorities.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U