Ashok Kumar Karn v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19004 of 2024 ====================================================== Ashok Kumar Karn S/o - Chandra Kishor Lal Karn, R/o - Village - Said Nagar Near Vishwakrama Tempal, P.S. Laheriasarai, Barheta, Darbhanga, Bihar - 846001 ... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Government of Bihar 2.
The Department of Revenue and Land Reforms through its Principal Secretary, Government of Bihar 3.
The Deputy Secretary, Revenue and Land Reforms Department, Government of Bihar 4.
The District Magistrate, Madhubani 5.
The Circle Officer, Andhrathadi, madhubani 6.
Office of the Principal Accountant General (A and E), Bihar, Patna through the Accountant General 7.
The Assistant Accounts Officer, Office of the Principal Accountant General (A and E), Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yash Singh For the Respondent/s :
Mr.Government Advocate (8) Ms. Kalpana ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondents to forthwith release the illegally withheld 5- month arrears of salary (5- month salary which remains unpaid till date, out of the 12 month salary withheld for the period June 2020 to May 2021, on account of Departmental proceedings being initiated against the petitioner, wherein the
Patna High Court CWJC No.19004 of 2024(4) dt.22-01-2026 2/3 petitioner, later on 29.01.2023 was absolved of all charges) of the petitioner, despite the petitioner being in regular service/ employment until his superannuation from service on 31.01.2022, for which the petitioner is legally entitled;
(ii) For directing the respondents to forthwith release the illegally withheld postretirement benefits of the petitioner including the benefits of General Provident Fund, Earned Leave Encashment, Group Insurance Benefits amounting to approximately Rs.8,56,211/-, Rs.7,45,000/- and Rs.1,33,256/- respectively for which the petitioner is also legally entitled;
(iii) For directing the respondents to pay the aforesaid amounts due to the petitioner from the respondent authorities alongwith interest and cost the present litigation;
(iv) For any other relief for which the petitioner is found entitled in the facts and circumstances of the case.
3. Learned counsel for the petitioner has filed a rejoinder to the counter affidavit filed on behalf of the State. Upon perusal of paragraph-4 thereof, it is specifically stated that the amounts under the Group Insurance Scheme, earned leave, and GPF have already been paid. The only grievance that now remains is with respect to the salary for five months and the delayed interest thereon, to which the petitioner claims entitlement, for which, the learned counsel for the petitioner proposes to file a detailed representation before the District Magistrate, Madhubani within a period of two weeks from
Patna High Court CWJC No.19004 of 2024(4) dt.22-01-2026 3/3 today.
4. It is expected that the District Magistrate, Madhubani shall pass appropriate orders with regard to the petitioner's claim for salary within a period of six weeks from the date of receipt of the representation and admissible amount shall be paid to him within the same time, failing which interest at the rate of 12% shall accrue on the unpaid salary after the expiry of six weeks until the date of actual payment.
5. With the aforesaid observations and directions, this application stands disposed of.
(Ajit Kumar, J) shikha/- U