IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14441 of 2011
Md. Munir Imam S/O Late Hafiz Abdul Hafeez R/O House-123, Abdul
Mojib Road Bhikhanpur, P.S.- Ishak Chak, Distt.- Bhagalpur
Versus
1. The State Of Bihar Through Commissioner, Water Resources
Development Department, Bihar, Patna.
2. The Chief Engineer Mechanical Div. Water Resources Development
Department, Bihar, Patna.
3. The Executive Engineer, Irrigation Mechanical Div., Samastipur.
4. The Accountant General, Bihar, Patna.
5. The Provident Fund Officer, Bhagalpur.
6. The Treasury Officer, Bhagalpur.
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2 7/9/2011 Heard Smt. Pravina Kumari, learned counsel for the
petitioner, Sri Krishna Murari Prasad, learned AC to Government
Advocate No. 6, appearing on behalf of Respondent Nos. 1, 2, 3, 5
& 6/State of Bihar and Sri K.N. Choubey, learned counsel appearing
on behalf of Respondent No. 4/Accountant General, Bihar, Patna.
Sri Krishna Murari Prasad, learned AC to Government
Advocate No. 6, makes a prayer to adjourn the case for two weeks
for filing counter affidavit.
Learned counsel for the petitioner Smt. Pravina Kumari
submits that for the relief sought for in the present writ petition the
petitioner has already filed representation before the competent
authority, and as such, instead of adjourning the case the writ
petition may be disposed of directing the Respondents to take
decision on the representation of the petitioner.
In view of stand taken by the learned counsel for the
petitioner, there is no need to adjourn the matter for filing counter
affidavit.
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The petitioner, who retired as ‘Assistant Engineer’ from
Irrigation Division No. 2, Lakshmipur Camp, Banka, which
according to learned counsel for the petitioner, has merged with
Irrigation Mechanical Division, Samastipur, has prayed for directing
the Respondents to grant following reliefs:-
I) Difference of salary of post of Assistant Engineer from
1.1.01 with interest.
II) Arrear of salary and arrear pension, gratuity, earn leave
and pension fixation on the basis of 1 st and 2nd A.C.P. from 9.8.99
with interest.
III) G.P.F. amount from Jan. 1973 to 82-83 with interest.
IV) And any other due if so any for which the petitioner
is entitled.
Learned counsel for the petitioner has drawn my
attention to ‘Annexure-4 Series’ to the writ petition which are
different representations filed before the authority concerned
including Respondent No. 2.
In view of the stand taken by learned counsel for the
petitioner, there is no need to keep the matter pending. The writ
petition stands disposed of granting liberty to the petitioner to file a
fresh detailed representation before Respondent No. 2/Chief Engineer
Mechanical Division, Water Resources Development Department,
Bihar, Patna, for the reliefs claimed in the present writ petition within
a period of six weeks from today. If such representation is filed,
Respondent No. 2 is required to examine the same and pass
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appropriate order in accordance with law within a period of three
months from the date of filing of such representation. If Respondent
No. 2 considers the claim of the petitioner as genuine he is required
to pass order for clearing the dues within three months from the date
of filing of such representation. Even in case of refusal, Respondent
No. 2 is required to pass speaking order and communicate the same
to the petitioner within three months from the date of filing of such
representation.
So far as claim of interest on amount of GPF is
concerned, the petitioner shall be entitled to get admissible statutory
interest.
With above observation and direction the writ petition
stands disposed of.
(Rakesh Kumar, J.)
Praful