The Court disposed of the writ petition regarding un付 leave encashment. Liberty was granted to the petitioner to raise a grievance before the Principal Secretary regarding post-retirement dues.
Liberty to raise grievance with the Principal Secretary regarding unpaid leave encashment and other post-retiral dues.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3566 of 2016
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Dinesh Kumar, Son of Late Asharfi Baitha, a permanent resident of VillageMohanpur, P.S.- Sakra, District- Muzaffarpur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rajni Kant Jha For the Respondent/s : Mr. Aag13-A.K.Chaudhary
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
4 13-10-2017 Heard learned counsel for the petitioner and the State.
The learned counsel for the respondents submits that during the pendency of this writ application lawful dues have already been paid to the petitioner.
Counsel for the petitioner submits that he has not been paid the amount of leave encashment admissible under the law. Petitioner superannuated on 30.06.2015 and this writ application was filed on 19.02.2016.
Having regard to the pleading of parties the Court does not find any justification to keep the writ application
Patna High Court CWJC No.3566 of 2016 (4) dt.13-10-2017
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pending. This writ application is disposed of with liberty to the petitioner to raise grievance with regard to none-payment of any amount of post retrial dues including the payment of leave encashment before the Principal Secretary, Department of General Administration, Bihar, who shall be obliged to dispose of such representation by reasoned speaking order and also ensure payment of whatsoever dues for which petitioner is found entitled to in accordance with law by the respondent concerned.
However, liberty shall be available to the petitioner to approach the appropriate forum/court if he is not satisfied with decision of the respondent no.2 with regard to the post retiral dues.
With the aforesaid observation this writ application stands disposed of.
(Anil Kumar Upadhyay, J)
AnilKrSinha/-
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1 issue framed by the court
Whether the writ application can be kept in abeyance while lawful dues are pending payment.
1 provisions across 1 enactments
Dinesh Kumar
The State of Bihar
Chief Secretary, Government of Bihar
Principal Secretary, Department of General Administration, Bihar
Deputy Secretary, Department of General Administration, Bihar
Treasury Officer, Irrigation Building, Patna
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
