Chandravir Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5357 of 2018 ====================================================== Chandravir Jha Son of Late Budhinath Jha, Resident of Village- Bhawanipur, Police Station- Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Public Health Engineering Department, Bihar, Patna.

2.

The Engineer-in-Chief, Public Health Engineering Department, Bihar, Patna. 3.

The Additional Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Superintending Engineer, Public Health Circle, Gopalganj. 5.

The Executive Engineer, Public Health Division, Gopalganj. 6.

The Sub-Divisional Engineer, Public Health Sub Division, Baikunthpur, Gopalganj.

7.

The Accountant General, Bihar, Birchand Patel Marg, Patna. 8.

The Treasury Officer, Gopalganj.

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the State :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 21-09-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conference.

2. The present writ petition has been filed "for a direction to the respondents to pay the post retiral dues to the petitioner who was in service since 1979 continuously till his superannuation i.e. 31.01.2018 such as payment of G.P.F., gratuity; and for fixation of pension after revised pay scale since 1996; and for payment of benefit of ACP/MACP for order to deposit the C.P.F. amount in G.P.F. head by the respondent

Patna High Court CWJC No.5357 of 2018 dt.21-09-2020 2/3 no.5 deducted since 2006 till the date of superannuation."

3. At the very outset, learned counsel for the petitioner accepts that the entire amount of retiral dues have been paid to the petitioner. However, it is stated that the benefit of 7th pay revision has not been granted and the pay requires to be revised accordingly.

4. Learned counsel for the State appears and has been heard.

5. Having regard to the stand of the petitioner, the writ petition is disposed of with liberty to the petitioner to file an appropriate representation before the concerned authority for redressal of his grievances, furnishing therewith his mobile number and e-mail ID. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of on its own merits in accordance with law after grant of an opportunity of hearing to the petitioner. Payment to the extent found due to the petitioner upon determination shall be made without delay. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is also made clear that in view of the ongoing

Patna High Court CWJC No.5357 of 2018 dt.21-09-2020 3/3 Covid-19 pandemic, any correspondence between the parties may be made through e-mail and that the petitioner shall be at liberty to request the concerned authority for hearing through video conference.

(Vikash Jain, J) HR/Ibrar AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.09.2020 Transmission Date N/A