Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25573 of 2019 ====================================================== Ravindra Kumar son of Bhagwan Das Resident of Janta Colony Road Bairagi, P.O.- Gaya, P.S.- Civil Line Gaya, District- Gaya. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Health Services, Govt. of Bihar, Patna.

2.

The Director in Chief, Health Services, Govt. of Bihar, Patna. 3.

The Civil Surgeon-cum- Chief Medical Officer, Gaya. 4.

The Accountant General, Bihar, Patna.

5.

The Director, G.P.F., Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Dinu Kumar, Mr. Arvind Kumar Sharma Ms. Ritika Rani, Advocates For the Respondents :

Mr.Ajay Behari Sinha (GA8) For Accountant General :

Mrs. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 23-06-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State as well as learned counsel for the Accountant General. The petitioner has filed the present writ petition for the following reliefs:- "(A) For payment of Gratuity, pension, leave encashment, Group Insurance Scheme and and other retiral dues.

(B) For commanding the respondents to make payment of interest of 12% of retiral dues. (C) Also for necessary relief/reliefs, order/ orders, direction/directions for which the petitioner is entitled in the eye of law."

Patna High Court CWJC No.25573 of 2019 dt.23-06-2020 2/3 The petitioner retired on 30.06.2017 from Additional Public Health Centre, Bodhgaya.

In this case a counter affidavit has been filed on behalf of the respondent no. 3. In paragraph 7 thereof, the statement has been made which is quoted hereinbelow for ready reference:- "7. That after superannuation the petitioner has been paid an amount of Rs. 1,66,951/- on account of Group Insurance vide Bill No. 18/2018-19 and he has also been paid an amount of Rs. 8,36,428/- on account of GPF vide Bill No. 25/2018-19 and the same has been already credited in the bank account of the petitioner." However, in paragraph 10 of the counter affidavit it has been admitted that payment of post retiral dues of the petitioner is under process and the same shall be paid to him without any further delay.

Considering the fact that the petitioner has retired on 30.06.2017, the writ petition is disposed of with a direction to the Director-in-Chief, Health Services, Government of Bihar, Patna (respondent no.2) to take steps for final payment of provident fund amount and other retiral dues, if not already paid to the petitioner, at the earliest preferably within a maximum period of sixty days from the date of receipt/production of a copy of this order along with detailed calculation chart. In the

Patna High Court CWJC No.25573 of 2019 dt.23-06-2020 3/3 event, payment is not made within the stipulated period, the petitioner shall be entitled to interest on the arrears of retiral dues at the rate of 9% per annum from the date of filing of the writ petition i.e. 19.12.2019 till the date of actual payment which shall be borne from the erring officials. With the aforesaid observation and direction, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 25.06.2020 Transmission Date N.A