Satish Kumar Shrivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1321 of 2020 ====================================================== Satish Kumar Shrivastava Son of Late Paras Prasad Shrivastav, Resident of Shanti Bagh Pandey Tola, P.O.- Narkatiyaganj, Police Station- Shikarpur, District-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

Director Primary Education, Govt. of Bihar, Patna 3.

District Education Officer, Motihari East Champaran. 4.

District- Programme Officer, Motihari East Champaran. 5.

Accountant General, Govt. of Bihar Patna.

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

For the Petitioner/s :

Mr.Binoy Kumar Singh, Adv For the Respondent/s :

Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsel representing the petitioner and the State are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

The petitioner has retired from the post of Block Education Officer, Motihari on 28.02.2019.

It is admitted that other than the 10% Pension and Gratuity, the petitioner has received the due and admissible

Patna High Court CWJC No.1321 of 2020(4) dt.24-06-2020 2/2 retiral benefits being 90% Provisional Pension, Gratuity, Leave Encashment and Group Insurance. In respect of the remaining 10% of Gratuity and Pension, the learned State counsel, upon instruction, submits that by service of charge sheet dated 30.10.2019 the proceedings has been instituted against the petitioner. Photo copy of Prapatra 'Ka' has been taken on record. The same is likely to be concluded within three months. The decision with respect to balance payment of retiral dues is dependent upon the outcome of the said proceedings instituted against the petitioner.

In the aforesaid circumstances, this Court need not keep the writ proceeding pending. The Authorities would be under a legal obligation to conclude the proceedings expeditiously and preferably within a period of three (03) months from today in accordance with law.

The writ petition stands disposed off.

(Madhuresh Prasad, J) shyambihari/- U