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Patna High CourtCWJC/493/2020disposed

Ajeet Kumar v. The State Of Bihar

2020-01-17Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 493 of 2020 ====================================================== Ajeet Kumar, aged about 44 years (Male), Son of Late Sakal Deo Pathak, Resident of Anchal Dumra, Raghunathpuri, Ward No. 26, Sitamarhi, Chakmahila, P.S.-Sitamarhi, Sitamarhi Bazar, BIhar-843302. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Water Resource Department, Government of Bihar, Patna.

2.

The Chief Engineer, Flood Control and Drainage, Water Resources Department, Muzaffarpur.

3.

The Superintending Engineer, Flood Control and Drainage Circle, Muzaffarpur.

4.

The Director Provident Fund, Government of Bihar, Pant Bhawan, Jawaharlal Nehru Road, Patna-800001.

5.

The District Provident Fund Officer, Muzaffarpur. 6.

The District Accounts Officer, Muzaffarpur.

7.

Treasury Officer, Sub treasury, Muzaffarpur.

8.

The Accountant General (A & E), Birchand Patel Path, Patna-800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Roona, Advocate For the State :

Mr. Akash Chaturvedi, AC to SC 11 For the Accountant General :

Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-01-2020 Heard learned counsel for the petitioner; learned AC to SC 11 for the State and learned counsel for the Accountant General.

Patna High Court CWJC No.493 of 2020 dt.17-01-2020 2/3

2. The petitioner has moved the Court for the following reliefs:

"(i) For a direction upon the Respondents to pay gratuity amount of the deceased employee in terms of Finance Department Resolution dated 27.05.2013 as contained in Annexure-3 whereby the gratuity amount has been enhanced from Rs. 3.5 lakh to maximum of Rs. 10 lakh for the employee retired between the period 01.04.2007 to 23.09.2009.

(ii) For a direction upon the Respondents to pay difference of death cum retiral benefit and different of family pension after applying due grade pay of Rs. 4600/- to the post held by the deceased employee. The last pay scale be directed to be correctly determined for the purposes of calculation of pension and family pension.

(iii) For a direction upon the Respondents for issuance of Authority for payment of P.F Linked Insurance on account of death of the employee while in service.

(iv) Any other order/orders, direction/directions for which the petitioner is found entitled to in the facts and circumstances of the present case."

3. After some arguments, learned counsel for the petitioner submitted that he has filed a representation before the respondent no. 3, copy of which is Annexure P/3 to the writ application. It was submitted that the writ petition be disposed off with a direction to pass appropriate orders on such representation.

4. Learned counsel for the State agrees to the same.

5. In view thereof, the writ petition stands disposed off with a direction to the respondent no. 3 to pass appropriate orders

Patna High Court CWJC No.493 of 2020 dt.17-01-2020 3/3 on the aforesaid representation filed by the petitioner expeditiously and latest within a period of three months from the date of production of a copy of the order before him. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T