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Patna High CourtCWJC/17949/2022disposed

Md. Ejaz Ahmad v. The State Of Bihar

2024-01-29Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17949 of 2022 ====================================================== Md. Ejaz Ahmad, S/o Mohammad Abdul Mannan, resident of Flat no.- 304, Block- B, Shakti Sadan Apartment, Ashiyana More, P.S.- Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Animal Husbandry Department, New Secretariat, Government of Bihar, Patna.

2.

The Director, Animal Husbandry Department, New Secretariat, Government of Bihar, Patna.

3.

The Joint Director, Animal Husbandry Department, New Secretariat, Government of Bihar, Patna.

4.

The Regional Director, Animal Husbandry Department, Government of Bihar, Darbhanga.

5.

The District Animal Husbandry Officer, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shaishav Kumar, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 Ms. Prakirtika Sharma, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 29-01-2024 Heard Mr. Shaishav Kumar, learned counsel appearing on behalf of the petitioner and Ms. Prakirtika Sharma, learned counsel representing the State.

2. The petitioner by filing the present writ petition sought a direction upon the respondents to make payment of his part gratuity, earned leave and Non-Practicing Allowance and further fixation and payment of his monthly pension along with arrears of interest thereof.

3. A counter affidavit has been filed on behalf of

Patna High Court CWJC No.17949 of 2022 dt.29-01-2024 2/2 respondent no.2. Referring to the averments made therein submission has been made that all the admissible retiral/other dues have been paid to the petitioner. However, at this stage, learned counsel for the petitioner submits that till date petitioner has not been accorded the benefit of Non-Practicing Allowance.

4. In view of the submissions advanced on behalf of the learned counsel for the respective parties and taking note of the fact that substantive admissible dues of the petitioner have been paid, barring Non-Practicing Allowance, the present writ application stands disposed of with a liberty to the petitioner to file a proper representation before the respondent no.2, preferably within a period of four weeks' from today.

5. If such representation is filed by the petitioner within the period stipulated, the respondent no.2 would consider the same by passing a reasoned and speaking order within a further period of eight weeks thereafter.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.01.2024 Transmission Date NA