Hare Ram Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16772 of 2018 ====================================================== Hare Ram Singh, Son of Late Bhuvneshwar Narayan Singh, resident of Village P.O. Songar, P.S. Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2. The Director, Secretary Education Department, Bihar, Patna.

3. The District Education Officer, Samastipur.

4. The Programme Officer, Samastipur.

5. The Treasury Officer, Samastipur.

6. The Accountant General, Bihar, Patna.

7. Smt. Manju Kumari, Principal Model High Inter School, Wife of Narendra Kumar Sinha, Resident of Mohalla Adarsh Nagar, Road No. 1E, DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Sinha For the Respondent/s :

Mr. Rajesh Kumar Sinha, A.C. to G.P.-23 FOR Accountant General: Mr. Shiv Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Accountant General, Bihar, Patna.

So far as the defect No. 2 as pointed out by the office the petitioner has confined his prayer for retirement benefit and prays to ignore the prayer for grant of A.C.P. which he has already removed through noting dated 26.09.2018.

Under the circumstances, the defect is ignored. The matter is being taken up on merits.

Petitioner retired on 31.01.2018 from the post of Head Master, Model High Middle School, Samastipur. He has prayed for payment of pension, Gratuity, Leave enmeshment including the

Patna High Court CWJC No.16772 of 2018(3) dt.04-12-2018 2/2 arrears of salary from 07.07.2015 to 10.05.2017 as also the annual increment for the period of 2016 to 2017. Petitioner submits that the Principal, Model High Inter School, who has been impleaded as respondent No. 7, has not yet issued no dues certificate after receiving the charge. Inspite of various representations, the petitioner has not received his retrial dues and only G.P.F. and Group Insurance have been paid to him.

This writ application is disposed of with a direction to the respondent No. 7 to issue a no dues certificate in favour of the petitioner within a period of one month from today. The District Education Officer, Samastipur, respondent No. 3 will then process all admissible remaining retiral benefits and forward the same to the Account General, Bihar Patna which shall be paid to the petitioner within a period of five months from today . The petitioner is at liberty to file a representation before the respondent No. 3 for his unpaid retiral dues, if any, and the same would be disposed of by the respondent No. 3 within a period of two months from the date of such representation by a speaking order communicated to the petitioner by registered post. (Nilu Agrawal, J) sudha/- U