Disposed

Birendra Narayan Pandey v. The State Of Bihar and Ors.

Patna HC16 Sept 2016CWJC/6239/2016

Case brief

AI extract

What is this about?

In a writ petition seeking retirement benefits, the Patna High Court did not decide the merits of the claim. It permitted the petitioner to file a fresh comprehensive representation before the Respondent No.3 within one month. The Court directed the authority to decide the claims via a reasoned order with an opportunity of hearing within three months of the representation.

What did the court decide?

Petitioner granted liberty to file a fresh comprehensive representation before Respondent No.3 within one month; authority directed to decide claims via reasoned order within three months.

Birendra Narayan Pandey Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6239 of 2016

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====================================================== Birendra Narayan Pandey Son of late Sheo Parkash Pandey Residing at Village and Post Office- Suhia, Police Station -Shahpur, District Bhojpur, at Present residing at M.I.G. Flat No. MF 3/5 Bhootnath Road, Housing Board Colony, Police Station- Agamkuan, District Patna. .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary Bihar Old Secretariat, Patna. 2. The Principal Secretary, Finance Department, Old Secretariat, Patna 3. The Secretary, Food , Civil supply and Consumer Protection Magistrate, Government of Bihar. 4. The District Magistrate, Kaimur. 5. The Sub Divisional Officer, Kaimur , Bhabua. 6. The Accountant General , Bihar, Birchand Patel Marg , Patna. .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mani Madhukar, Adv. For the Respondent Nos. 1 to 5 : Mr. Md. Nadim Seraj, G.P. 5 For the Respondent No.6 :Mr. Rabindra Kr. Priyadarshi, Adv.

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 16-09-2016 Heard the parties.

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The petitioner, having retired from the post of Assistant District Supply Officer on 30.6.2013, has filed the present writ petition, for a direction for payment of his retirement benefits, as enumerated in paragraph-1 of the writ petition.

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In view of the nature of grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that instead of keeping the matter pending asking the respondents to file their counter-affidavits, the interest of justice shall be sub-served if the petitioner is granted liberty to file a fresh comprehensive representation before the respondent no. 3 with all supporting documents and raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

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Patna High Court CWJC No.6239 of 2016 (2) dt.16-09-2016

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2/2

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If such a fresh comprehensive representation is filed on behalf of the petitioner within a period of one month from today with all supporting documents as also a certified copy of the present order, then the respondent No.3 either himself or any other competent authority of the respondent State, as per his endorsement, shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner and others, if any, at an early date preferably within a period of three months from the date of filing of such representation.

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If on consideration of the materials the competent authority comes to a conclusion that claims raised on behalf of the petitioner are admissible to him, then consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay.

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This is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and this is left to be decided by the competent authority strictly in accordance with law.

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The writ petition stands finally disposed of with the observations and directions made above.

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(Birendra Prasad Verma, J)

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BTiwary/-

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Birendra Narayan Pandey v. The State Of Bihar and Ors.

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Birendra Narayan Pandey v. The State Of Bihar and Ors.

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