Nawal Kishor Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.85 of 2018 ====================================================== Nawal Kishor Singh, Son of Shri Dharmdeo Singh, Resident of VillageTaranpur, Post Office Lakhanpar, Police Station Gaurichak, District Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary to the Government, Rural Works Department, old Secretariat Building, Patna-800015.

2. The Principal Chief Engineer, Rural Works Department, Old Secretariat Building, Patna-800015.

3. The Superintending Engineer, Local Regional Engineering Organization, Patna, Budha Colony, Patna.

4. The Executive Engineer, Local Regional Engineering Organization, Works Division, Kaimur at Bhabua.

5. The Accountant General, Veerchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kumar Singh, Advocate For the Respondent/s :

Mr. Archana Meenakshee- Gp6 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the Accoutant General, Bihar, Patna.

Petitioner retired from the post of Accounts Clerk on 31.03.2015 from the office of the Executive Engineer Works Division, Kaimur at Bhabua and seeks payment of his retiral benefits including G.P. F., Pension and full amount of gratuity. He submits that although 90% of his pension and gratuity had been fixed and sanctioned by the concerned authority and he has received the same amount and now full pension is being paid to the petitioner from the month from October, 2018 but the arrear of pension has not yet been paid to him and he has not

Patna High Court CWJC No.85 of 2018(3) dt.11-12-2018 2/2 received any amount of G.P.F.

Learned counsel for the State has filed a counter affidavit on behalf of the Respondent No. 4 in which it has been stated vide Annexure- D dated 25.04.2018 that the petitioner, who was himself an Accounts clerk, some discrepancies were found in connection of the account handled by the petitioner and a clarfication was sought for from the petitioner but no clarification has been received.

Be that as it may, since the petitioner is getting full pension from the month of October, 2018 and for arrears of the remaining dues, the petitioner would file a fresh representation before the Respondent No. 4, which will be disposed of by Respondent 4 within a period of two months from the date of filing of such representation and all admissible dues would be paid to the petitioner within a period of one month thereafter with admissible interest. If any dues are not found payble, the respondent No. 4 would pass a speaking order which will be communicated to the petitioner by registered post. Writ application is accordingly disposed of.

(Nilu Agrawal, J) sudha/- U