Krishna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2418 of 2024 ====================================================== Krishna Ram, son of Late Saguni Ram, resident of Village and P.O. and P.S.- Arwal, District-Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2.

The Engineer in Chief cum Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3.

The Superintending Engineer, Public Health Engineering Department, Gaya Circle, Gaya.

4.

The Executive Engineer, Public Health Division, Jehanabad. 5.

The Executive Engineer, Public Health Engineering Department, DistrictArwal. 6.

The Accountant General Bihar, Patna.

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

For the Petitioner/s :

Mr. Satya Ranjan Sinha, Advocate Mr. Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Sanjay Kumar, AC to GA-13 For the A.G. Bihar :

Mr. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-01-2025 Heard Mr. Satya Ranjan Sinha, learned Advocate for the petitioner and Mr. Sanjay Kumar, learned Advocate for the State. Ms. Ritika Rani, learned Advocate for the Accountant General, Bihar is also present.

2. The petitioner who superannuated from the post of Keyman-cum-Chaukidar on 28.02.2023 from Public Health Division, Arwal, has approached this Court seeking a direction upon the respondent to extend all the retiral benefits, arrears of salary, pension, gratuity, encashment of earned leave as well as

Patna High Court CWJC No.2418 of 2024(3) dt.29-01-2025 2/3 other dues with interest over the delayed payment.

3. A counter affidavit has been filed on behalf of respondent no. 1 to 4. It is specifically averred therein that an amount of Rs. 5,13,360/- under the head of earned leave, Rs. 1,82,733/- alongwith interest under the head of group insurance and an amount of Rs. 3,67,605/- alongwith interest under the head of G.P.F. have been sanctioned and credited to the bank account of the petitioner.

4. It is further contended that the service book of the petitioner alongwith necessary documents were sent to the office of the Accountant General, Bihar and an authorization letter has already been issued and accordingly pension and gratuity have also been paid to the petitioner.

5. Learned Advocate for the petitioner at this stage contended that though admittedly the due amount under different heads have been paid to the petitioner, but, till date the petitioner has been deprived from the payment of arrears of revision of pension, alongwith the interest over the delayed amount.

6. Having considered the submissions advanced on behalf of the respective parties and the averments made in the counter affidavit suggesting that substantive retiral benefits have

Patna High Court CWJC No.2418 of 2024(3) dt.29-01-2025 3/3 been paid to the petitioner, this Court thinks it appropriate to dispose off the writ petition with a liberty to the petitioner to approach before the respondent no. 3 and 4 by filing a representation with specific claim for remaining due amount.

7. In case such a representation is filed preferably within a period of four weeks from today, the concerned respondent shall consider the claim of the petitioner and pass necessary order.

8. Suffice it to observe that all the remaining/admissible due amount must be paid to the petitioner, within a further period of twelve weeks thereafter, failing which the petitioner shall be entitled to appropriate interest over the same.

(Harish Kumar, J) supratim/- U