Chandeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10909 of 2023 ====================================================== Md. Shah Alam Son of late Nasir Ahmad, Resident of Village-Mangarpal, P.S. Dariyapur, District-Saran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director of Economics and Statistics, Department of Planning and Development, Bihar, Patna. 2.

Principal Secretary (Additional Chief Secretary)Planning and Development, Bihar, Patna.

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

For the Petitioner/s :

Ms. Archana Sinha @ Archana Shahi, Advocate For the State :

Mr. Sumant Kumar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 14-09-2023 Heard Ms. Archana Sinha @ Archana Shahi, learned counsel appearing on behalf of the petitioner and Mr. Sumant Kumar Singh, learned AC to learned GA-2 for the State.

2. Learned counsel appearing on behalf of the petitioner submitted that petitioner is facing departmental proceeding and in spite of the order dated 03.07.2020 passed by this Court in CWJC No. 7004 of 2020, by which this Court had directed to conclude the departmental proceeding initiated against the petitioner within a period of four months from the date of receipt/production of a copy of the order, departmental proceeding is still pending and the petitioner has not been paid retiral dues contrary to the law laid down by the Apex Court and provision of Rule 43 of Bihar Pension Rules, 1950.

Patna High Court CWJC No.10909 of 2023 dt.14-09-2023 2/2

3. Considering the aforesaid submission made on behalf of the petitioner, the sanctioning authority as well as the controlling authority of the petitioner are directed to make payment of retiral dues under different heads and provisional pension in accordance with the rules and regulations of the State Government.

4. All the retiral dues payable to the petitioner is directed to be paid along with the statutory interest within a period of six weeks from the date of communication of this order in accordance with law.

5. With above observations and directions, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 18.09.2023 Transmission Date N/A