High Court Patna High Court - Orders

Girja Nandan Singh vs The State Of Bihar &Amp; Ors on 11 July, 2008

Patna High Court – Orders
Girja Nandan Singh vs The State Of Bihar &Amp; Ors on 11 July, 2008
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                           CWJC No.4617 of 2007
                                          GIRJA NANDAN SINGH
                                                      Versus
                                       THE STATE OF BIHAR & ORS
                                                   -----------

For the petitioner : Md. Abu Haidar, Adv.

For respondent No. 4, A.G. : Mr. Vivekand Kumar, Adv.
For the State : Mr. Madhukar Mishra, J.C. to G.A. 7.

——–

4/ 11-07-2008 Heard learned counsel for the petitioner, learned counsel for

the State and learned counsel for the Accountant General.

This writ petition has been filed by the petitioner for his

retiral dues including group Insurance with interest @ 18% per annum

and also revised pension. This case was earlier considered on

10.03.2008 in which it was found from paragraph 4 of the counter

affidavit that entire retiral dues of the petitioner, except Group

Insurance claim has been paid and hence Superintendent of Police,

Nalanda was directed to pay the Group Insurance claim of the

petitioner as early as possible and in any case within one month from

that day. But it appears that the said order has not been complied till

date.

In the aforesaid facts and circumstances, this writ petition is

disposed of with specific direction to the Superintendent of Police,

Nalanda to pay Group Insurance claim of the petitioner with interest

@ 18% per annum positively within two months from the date of

receipt/ production of a copy of this order, failing which it will be

treated as intentional violation and contempt of order of this Court and

in such a case the petitioner would be entitled to file a petition before

this Court for initiating a proceeding of contempt against the said
-2-

Officer.

As per the statement of the learned counsel for the State and

learned counsel for the Accountant General, except the aforesaid

Group Insurance the entire retiral dues have already been paid to the

petitioner and even the pension etc. have been fixed at the revised pay

intimation of which has already been sent to the petitioner and the

Treasury concerned on 26.4.2007. In the said circumstances according

to the respondents no further amount remains due. However, if the

petitioner feels aggrieved by the payments he has received he will be

at liberty to move the authority concerned, namely, Superintendent of

Police, Nalanda, raising all the points along with a copy of this order

and all relevant materials within four weeks from today. If such an

application is filed within the period prescribed, the said authority

shall decide the same in accordance with law by a speaking order

within eight weeks thereafter. Furthermore, if any amount is found to

be payable to the petitioner it should be paid immediately thereafter.

B. Tiwary/                             ( S. N. Hussain, J )