Nawal Kishor Jha v. The State of Bihar
Case at a glance
- Decided
- 08 Jan 2024
- Bench
- HARISH KUMAR
Outcome
Disposed of
petition stands disposed of with a direction to the respondent
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 66. Considering the averments made in the counter affidavit filed on behalf of respondent no.3, the present writ petition stands disposed of with a direction to the respondent nos. 3 and 4 to ensure payment of all the admissible dues in the light of letter…
Judgment
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s : :
Mr. Vijay Kumar Pandey, Advocate Mr. Subhash Chandra Mishra, SC-16 Mr. Madhukar Mishra, AC to SC-16 Mr. Binod Kumar Labh, Advocate For the Accountant General : ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-01-2024 Heard Mr. Vijay Kumar Pandey, learned counsel for the petitioner and Mr. Madhukar Mishra, learned counsel for the State. The Accountant General, Bihar is represented by Mr. Binod Kumar Labh, learned counsel.
The petitioner by filing the present writ petition under Article 226 of the Constitution of India seeking a direction upon the respondents to ensure payment of his left over retirement benefits consequent to his retirement on
30.11.2021 from the post of Attendant, office of Directorate of Patna High Court CWJC No.16005 of 2022 dt.08-01-2024 Library and Information Centre, Sinha Library Campus, Patna, as also for a direction to the respondents to send pension paper and service book of the petitioner to the office of Accountant General, Bihar, Patna by fixing the last pay of the petitioner as 46,100/-, in place of 40,600/-, on 30.11.2021.
A counter affidavit has been filed on behalf of respondent no.3.
It is submitted that considering the claim of the petitioner his pension and other retiral benefit is duly determined and vide letter no. 855 dated 17.12.2022 it has been sent to the office of the Accountant General, Bihar, Patna and the pension was being paid to the petitioner. Further on a request made by the petitioner for correction of his last pay on account of his date of his appointment, the Director Secondary Education, Government of Bihar vide letter no. 2008 dated
16.08.2023 has approved for grant of 1st, 2nd and 3rd ACP/MACP considering his date of appointment as 13.02.1985 and consequent thereto direction has been given for determination of pay and retirement benefits.
5. Further submission has been made that apart from correction of the date of appointment as well as grant of 3rd ACP/MACP to the petitioner on the basis of his date of Patna High Court CWJC No.16005 of 2022 dt.08-01-2024 appointment as 13.02.1985, his last pay has also fixed as Rs.46,100/-. Consequently, the service book of the petitioner as well as relevant documents have also been sent to the District Account Officer, Patna for processing and payment of the dues and retirement benefits to the petitioner.
Operative part
Considering the averments made in the counter affidavit filed on behalf of respondent no.3, the present writ petition stands disposed of with a direction to the respondent nos. 3 and 4 to ensure payment of all the admissible dues in the light of letter no. 537 dated 09.09.2023, preferably within a period of eight weeks’ from the date of receipt/production of a copy of this order.
This disposes the writ petition. (Harish Kumar, J) uday/- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR NA 10.01.2024. NA
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed of with a direction to the respondent
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Patna High Court, on 08 Jan 2024. The bench was HARISH KUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.