IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.17430 of 2010
Ram Nath Sah, Son of Munder Sah, resident of village-Gourhi, Post
Office-Gourhi, Police Station- Dhanaura, District-Patna (Retired
Anusewak District Court, Saharsa) ---------- Petitioner
Versus
1. THE STATE OF BIHAR through the Chief Secretary, Old
Secretariate, Bihar,Patna
2. The Accountant General of Bihar,Patna
3. The Patna High Court through the Registrar, Patna High
Court,Patna
4. The Registrar General,Patna High Court
5. The District Magistrate, Saharsa
6. The District Provident Fund Officer, Saharsa
7. The Registrar ,Civil Court, Saharsa
--------------------- Respondents.
-----------
03 15-12-2010 Heard Sri Amarnath Jha, learned counsel for the
petitioner, Sri Pawan Kumar, A.C. to G.P.14, learned Counsel
appearing on behalf of Accountant General,Bihar and Sri Sanjeet
Kumar, learned counsel appearing on behalf of High Court,Patna.
The petitioner, who was 4th Grade employee and retired
with effect from 31.8.2009 from Civil Court, Saharsa, has prayed for
directing the Respondents to make payment of retiral dues. In this
case ,a counter affidavit has been filed on behalf of Respondent
no.7 i.e. the Registrar, Civil Court, Saharsa, wherein it has been
stated that so far grievance in respect of G.P.F. amount , unutilized
leave, Provisional Pension , Provisional Gratuity and Group
Insurance are concerned, the same have already been redressed . So
far as final fixation of the pension is concerned, it has been stated in
paragraph-10 of the counter affidavit filed by the Registrar, Civil
Court, Saharsa that ” the petitioner did not submit the duly signed
application till 17/07.2010 even though he was severally directed to
2
submit such application vide letter dated 21.4.2010 , he was directed
to submit such application before the respondent, subsequent upon
the aforesaid letter/notice he submitted such application on
dt.17.7.10, thereafter, vide letter no.273 dt.24.7.10 DB No.3612 an
application along with service book for fixation of pension as well
as gratuity was sent to A.G. Bihar from the office of learned the
District and Sessions Judge, Saharsa through special messenger, but
same was returned by the official concerned citing difference in the
name and signature of the petitioner. And it was stated by the said
official that he would receive the application only after correction in
the signature.”
Subsequently, it has been stated that after return of the
application, signatures of the petitioner were attested and the same
has been sent to the Accountant General, Bihar on 30.11.2010.
In view of the stand taken by Respondent no.6, there is no
necessity to further keep the matter pending before this Court.
However, it is expected that the Accountant General, Bihar, i.e.
Respondent no.2 will issue the authority slip within a period of
three weeks from today since the sanction has already been sent to
the Accountant General, Bihar on 30.11.2010.
Accordingly, this writ application is disposed of with
above observation and direction.
Let a copy of this order be handed over to the learned
counsel for the Accountant General, Bihar.
NKS/- ( Rakesh Kumar, J.)