IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8258 of 2005
Binod Kumar, Son of Late Bhagwan Sharma, resident of Gyan
Bhawan, Idgah Road, P.O. Gulzarbagh, P.S. Alamganj, District-Patna
-------------- Petitioner
Versus
1. THE STATE OF BIHAR through Secretary-cum- Commissioner,
Department of Health, Bihar,Patna
2. The Under Secretary, Department of Health, Govt. of Bihar,Patna
3. The Drug Controller, Govt. of Bihar,Patna
4. The Civil Surgeon, Kishanganj
5. The Director, Provident Fund Directorate, Pant Bhawan, Govt. of
Bihar,Patna
6. The District Provident Fund Officer, Madhubani
7. The District Provident Fund Officer, Kishanganj
------------- Respondents
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10 08-12-2010 Heard Sri Rashid Izhar, learned counsel for the petitioner
and Sri Pawan Kumar, learned A.C. to G.P.14.
The present writ petition was initially filed for direction to
make payment of the entire retiral dues to the petitioner. However,
during the pendency of this writ application, in view of the order
dated 19.2.2010 passed by this court, major grievance of the
petitioner was already redressed and thereafter counter affidavit was
filed on behalf of the respondents to this effect. Subsequently, the
petitioner by way of filing rejoinder has prayed for directing the
respondents for clearing other dues, which has been enumerated in
paragraph-6 of the rejoinder of the petitioner to the counter affidavit
on 22.3.2010, which is as follows:
“6.That after perusal of the aforesaid letter, still some dues
are left to be paid to the petitioner by the Respondents which are
stated herein below:-
(i) Respondents have not supplied the calculation
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chart/ statement of G.P.F. thus it is not clear that
the entire amount in the head of G.P.F. is paid to
the petitioner.
(ii) Respondent have not revised the pay of the
petitioner in terms of 5th pay Commission’s
recommendation with effect from 1.1.1996 and
paid the differential amount of pay on account of
this head.
(iii) Respondent have also not paid the salary for the
period 25.1.2003 to 17.10.2003 and for this period
by the order Annexure-A of the counter affidavit
only subsistence allowance was granted but by
order issued vide Memo No.1505 (15) dated
25.9.2007, the Government has already exonerated
the petitioner from all the charges and as such the
Respondents are under obligation to pay the full
salary for the aforesaid period.”
The relief sought for in the rejoinder of the petitioner
dated 22.3.2010 was controverted by the Respondent Department
by way of filing further counter affidavit dated 12.8.2010. So far as
the grievance of the petitioner for payment of due salary for the
period from 18.10.2003 to 8.7.2004 is concerned, it has been
categorically stated by the respondents that in a departmental
proceeding , the said period was treated as extraordinary leave and ,
as such, the petitioner was not entitled for the same.
However with consent of the parties, the writ petition is
being disposed of with liberty to the petitioner to file a detailed
representation before the respondent no.3 within a period of six
weeks from today. If such representation is filed, Respondent no.3
is required to examine the same and if he finds claim of the
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petitioner as genuine, he will pass appropriate order within a period
of three months from the date of filing of such representation for
release of the claimed amount. In case of refusal to grant relief to
the petitioner, respondent no.3 is directed to pass a speaking order
within the aforesaid period.
With the above observation and direction, the petition
stands disposed of.
NKS/- ( Rakesh Kumar, J.)