Madan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4584 of 2018 ====================================================== Madan Prasad S/o Late Ishwer Das, R/o 2nd Floor, Anita Bhawan, New Dasratha, Near 70 ft. road Adarsh Nagar, PO-Delwan, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary B.C.D. Department, Bihar Patna. 3.

The Secretary B.C.D. Department, Jharkhand, Ranchi. 4.

The Principal Secretary, R.C.D. Department Bihar, Patna. 5.

The Executive Engineer, Rent Division, B.C.D. Department Bihar, Patna. 6.

The Estate Officer, BCD, Department Jharkhandi, Ranchi. 7.

The Secretary, BC and EBC, Wefare Department Bihar, Patna. 8.

The Secretary Board of Revenue, Jharkhand, H.E.C., Training Institute, Ranchi.

9.

Director of Fisheries, Fishery Department, Govt. of Bihar, Patna. 10.

The Accountant General, Bihar, Patna.

11.

The Accountant General, Jharkhand Ranchi.

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the State :

Mr.Sushil Kumar, GP-22 Mr. Uday Prasad, AC to GP-22 For the A.G.

: Mr. Uday Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-11-2019 In the present writ petition, the only grievance of the petitioner is regarding non-payment of the amount of leave encashment.

The learned counsel for the respondents, referring to the counter affidavit filed on behalf of the respondent no. 5, has stated that on account of dispute regarding house rent, the amount of leave encashemnt had been withheld, however, the

Patna High Court CWJC No.4584 of 2018(3) dt.04-11-2019 2/2 rent/market-cum-penal rent has also been calculated which comes to Rs. 3,12,657/-.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with a direction to the respondents to make payment of the balance amount of leave encashment, if any, after deducting the aforesaid amount of Rs. 3,12,657/- within a period of four weeks from today.

Opportunity is also granted to the petitioner to challenge the aforesaid calculation of rent/market-cum-penal rent, if so advised.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U