← Library
Patna High CourtCWJC/365/2023disposed

Md. Saghir Uddin v. The State Of Bihar

2023-05-17Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 365 of 2023 ====================================================== Md. Saghir Uddin Son of Late Abdul Razzak @ Andul Razaqque, Resident of River Side K.B. Lane, Police Station-Kotwali, District-Gaya At Present, New Aliganj, Road No.-5, near Shatabdi School, Naim Gali, Anganwari Kendra, Katari Hill Road, Police Station-Chandauti, District-Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

THe Director, Secondary Education, Government of Bihar, Patna. 3.

The Regional Dy. Director, Magadh Division, Department of Education Gaya.

4.

The District Education Officer, Department of Education, District-Gaya, Gaya.

5.

The District Program Officer (Establishment), Department of Education, District-Gaya, Gaya.

6.

The Principal, Kisan High School, Bagdaha, District-Gaya. 7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Respondent/s :

Mr. Jitendra Kumar Roy, Advocate Mr. Hitesh Kumar Suman, Advocate For Accountant General :

Mrs. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2023 Heard Mr. Rabindra Kumar Priyadarshi, learned counsel for the petitioner, Mr. Jitendra Kumar Roy learned State Counsel as also Mrs. Ritika Rani who represent the Accountant General, Bihar.

Pursuant to the last order dated 19.04.2023 the District Education Officer, Gaya, the District Programme Officer (Establishment), Gaya as also the Block Education

2/4 Officer and In-charge of Bodhgaya, Gaya are present. The District Education Officer, Gaya has drawn the attention of this Court to paragraphs 17 and 18 filed by the District Programme Officer (Establishment), Gaya which read as follows:

"17. that it was in due follow up to the order dated 19.04.2023 passed by this Hon'ble Court in the present case, that the details of the remaining amounts, found--admissible to the petitioner, towards retiral benefits had been scrutinized by the District Education Officer Gaya and it vide letter no.

1907 dated 25.04.2023 that the same was forwarded to the Officer was District Programme (Establishment) for further needful in the matter;

18. that accordingly vide letter no. 425 dated 26.04.2023 it was after according necessary sanctioned to the remaining amount of pension

3/4 gratuity and commutation of pension that it had been along with the calculation chart and service book that the pension papers had been forwarded to the office of Accountant General;

The Photostat copy of the letter no.425 dated 26.04.2023 is annexed herewith and marked as Annexure-A to this counter affidavit."

Mrs. Ritika Rani in response submits that the Accountant General, Bihar do have received the documents and she has personally talked to the office and assures that the entire payment shall be made today itself. Such positive steps taken by the learned counsel for the Accountant General, Bihar needs appreciation.

It goes without saying that the moment Treasury Officer, Gaya receives the documents from the Accountant General, Bihar he shall take immediate steps to clear the amount in the bank of the petitioner. If the Treasury Officer, Gaya fails to do the same the petitioner will always have the option to file

4/4 appropriate petition against erring official. In view of the aforesaid facts that has emanated, learned counsel for the petitioner is satisfied and thus submits that the writ petition can be disposed of.

The CWJC No.365 of 2023 accordingly stands disposed of.

The personal appearance of District Education Officer, Gaya, the District Programme Officer (Establishment), Gaya, and Block Education Officer, Gurua stands dispensed with.

(Rajiv Roy, J) Prakash Narayan /Sunil U