← Library
Patna High CourtCWJC/23463/2018disposed

Parmanand Chaudhary v. The State Of Bihar And ORS

2021-04-07Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23463 of 2018 Parmanand Chaudhary Son of Late Medni Chaudhary, Resident of Village and P.O. Harari, Via Jhanjharpur, District- Madhubani, Bihar. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

2.

The Superintending Engineer, Quality Management, Rural Works Department, Govt. of Bihar, Patna.

3.

The Accountant General (A and E), Bihar, Patna. 4.

The Deputy Secretaty, Rural Works Department, Govt. of Bihar, Patna. 5.

The Special Officer, Pension, Rural Works Department, Govt. of Bihar, Patna 6.

The Special Works Officer, Vigilance, Rural Works Department, Govt. of Bihar Patna.

7.

The Sections Officer, Pension Department, Rural Works Department, Govt. of Bihar, Patna.

8.

The Section Officer, Vigilance Department, Rural Works Department, Govt. of Bihar, Patna.

... ... Respondents Appearance :

For the Petitioner :

Mr. Anil Kumar Mukund, Advocate For the State :

Mr. Kumar Alok, SC-7 For the Accountant General, Bihar: Dr. Anand Kumar, Advocate CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 07-04-2021 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Accountant General through video conference.

Patna High Court CWJC No.23463 of 2018 dt.07-04-2021 2/3

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition - "For a direction/command in the nature of Mandamus and/or Certiorari for quashing or any other appropriate methods enshrined in the Constitution for redressal of the fundamental right of the citizens of India.

(i) The deduction of the 10% of pension amount of the petitioner retired Government Servant and the payment of full gratuity which comes to about 12 to 14 lacs with 12% of the commercial interest for all the amount accumulated so far and a stringent punishment to the erring officials responsible for holding the 10% of pension amount as also the total gratuity without any notice or departmental proceedings be set aside or struck down and the direction be issued to the authorities.

(ii) Any other relief or reliefs by way of compensation to the petitioner which the Hon'ble Court may thinks proper in facts and circumstances of the case."

3. At the outset itself, learned counsel for the petitioner fairly accepts that all issues have now been resolved and the remaining amount of retiral benefits have been sanctioned for payment.

4. Learned counsel for the State as well as learned counsel for the Accountant General appear and have been heard.

5. In the above view of the matter, the writ petition stands disposed of with the observation that the remaining payment shall be made to the petitioner expeditiously and in any

Patna High Court CWJC No.23463 of 2018 dt.07-04-2021 3/3 event within a period of eight weeks from the date of receipt/production of a copy of this order.

(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.04.2021 Transmission Date N.A.