Mahesh Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15726 of 2018 ====================================================== Mahesh Paswan son of Late Ram Charitra Paswan, resident of VillageChamandih, Police Station- Chakand, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Planning, Government of Bihar, Patna.

3.

The Divisional Commissioner, Magadh Division, Gaya. 4.

The District Collector, Gaya.

5.

The District Planning Officer, Gaya.

6.

The District Treasury Officer, Gaya.

7.

The Accountant General, Bir Chand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Prasad For the Respondent/s :

Mr.Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner, learned counsel for the State and Ms. Namrata Mishra, learned counsel appearing for the Accountant General.

The present petition has been filed for payment of the balance amount of retiral benefits to the petitioner herein. The petitioner is stated to have been appointed in the government service on class-IV post in the year 1994 at the Collectorate

Patna High Court CWJC No.15726 of 2018(4) dt.17-09-2020 2/3 Office, Gaya whereafter he was promoted to the higher class-III grade in the year 2007 and had ultimately superannuated from his services on 31.03.1980.

It is submitted that the petitioner is yet to be paid full amount of retiral dues.

Per contra, the learned counsel for the respondent-State has submitted by referring to the counter affidavit filed on behalf of the respondent no. 6 that pension payment order has been issued by the Accountant General, Bihar long back whereafter arrears of pension have also been paid to the petitioner as well as the pension is being paid regularly on a month to month basis. It is further submitted that the gratuity amount and the amount pertaining to commutation of pension has also been credited in the account of the petitioner herein. It is also stated that the petitioner has been inflicted with punishment of curtailment of pension by 25%. Lastly, it is submitted that the petitioner has not raised any dispute regarding payment of the rest of the retiral dues. I have heard the learned counsel for the parties and perused the materials on record from which it is apparent that the retiral dues have already stood paid to the petitioner herein, hence the present writ petition stands disposed off, however,

Patna High Court CWJC No.15726 of 2018(4) dt.17-09-2020 3/3 with liberty to the petitioner to challenge the aforesaid order of punishment dated 10.06.2020.

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