High Court Patna High Court - Orders

Basudeo Prasad vs The State Of Bihar &Amp; Ors on 13 December, 2010

Patna High Court – Orders
Basudeo Prasad vs The State Of Bihar &Amp; Ors on 13 December, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CWJC No.20059 of 2010
          BASUDEO PRASAD, SON OF LATE LAKSHMAN PRASAD, RESIDENT
          OF NAYAGANJ, SONAR TOLA, P.O. NAYAGANJ, P.S. DESHRI,
          DISTRICT VAISHALI.
                   ...                  ...    PETITIONER.
                                 Versus
     1.   THE STATE OF BIHAR
     2.   THE ADDITIONAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT
          VIKASH BHAWAN, NEW SECRETARIATE, PATNA.1.
     3.   THE DISTRICT MAGISTRATE-CUM-CHAIRMAN, D.R.D.A., SHEOHAR,
          DISTRICT SHEOHAR.
     4.   THE DEPUTY DEVELOPMENT COMMISSIONER, D.R.D.A., SHEOHAR,
          DISTRICT SHEOHAR.
     5.   THE MANAGING DIRECTOR, BIHAR PANCHAYATI RAJ FINANCE
          CORPORATION, VIKASH BHAWAN, NEW SECRETARIATE, PATNA.
                   ...                   ...   RESPONDENTS.
                              -----------

2. 13.12.2010. Heard Shri Raj Nandan Prasad, learned

counsel for the petitioner and Shri Ashok Kumar

Gupta, learned A.C. to S.C.5.

The petitioner, who retired as Assistant

from the office of Deputy Development Commissioner,

D.R.D.A., Sheohar, has prayed for payment of

following retiral dues :

i. Amount of Gratuity and leave

encashment of the petitioner be

paid to the petitioner with up to

date statutory interest, giving

benefit of six pay Commission.


                              ii.       Arrear     of      full   payment      from

                                      8.5.2006        to      21.3.2007         and

23.5.2008 to 30.6.2009 with up to

date statutory interest.
2

iii. Deference of payment since 1.4.2007

to 30.6.2009 due to six pay

Commission with up to date

statutory interest.

With the 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, the

respondent no.3 is directed to examine the same and

pass necessary order within a period of two months

from the date of filing of such representation so

that entire grievances of the petitioner may be

redressed within aforesaid time. In case of refusal,

the respondent no.3 is directed to pass speaking

order within the aforesaid time.

With above observation and direction, the

petition stands disposed of.

( Rakesh Kumar,J.)
N.H./