Disposed

Ishwari Paswan v. The State Of Bihar and Ors.

Patna HC10 Dec 2018CWJC/11421/2018

Case brief

AI extract

What is this about?

Retired peon seeks pension and retirement benefits denied due to non-deposit of godown keys. Court issues liberty to file fresh representation; respondent to decide dues within two months and communicate effectually.

What did the court decide?

Liberty to file fresh representation; Respondent No. 2 to consider representation and decide dues within two months, communicating inadmissibility via speaking order if applicable.

Ishwari Paswan Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11421 of 2018

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Ishwari Paswan, S/o Late Ram Udit Ram, resident of Village- Shrirampur, P.O. & P.S. Leshiganj, District- Palamu (Jharkhand).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Department of Building Construction, Govt. of Bihar, Patna.

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The Executive Engineer, Department of Building Construction, Building Constructions, District- Nawada.

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The Assistant Engineer, Building Sub- Division, Nawada, District- Nawada.

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Umesh Pandit S/o Not known, Junior Engineer, Building Division, Nawada, District- Nawada.

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The Accountant General, Bihar Birchand Patel Path, Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar For the State : Mr. Krishna Kr. Singh, AC to GP-22 For the Accountant General : Mr. Bindhyachal Rai ======================================================

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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT

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Date : 10-12-2018

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Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General.

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Petitioner retired from the post of Peon on 28.02.2017

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and he prays for payment of pension, gratuity, leave encashment and other post retiral benefits.

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It has been submitted by the learned counsel for the petitioner that No Dues Certificate has not been issued by the respondent Executive Engineer, Building Construction Department on the ground that he has not deposited the keys of the godown, which has been asked to be deposited, as such, No Dues

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Patna High Court CWJC No.11421 of 2018 dt.10-12-2018 2/2

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Certificate has not yet been issued. Learned counsel for the petitioner submits that the lock in the godown, is not locked by him and by somebody else and he never stayed in the godown.

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Considering the facts and submissions of the petitioner, this writ application is disposed of with a liberty to the petitioner to file a fresh representation before the respondent No. 2, the Executive Engineer, Building Construction Department, District- Nawada regarding the said statement also regarding the payment of retiral dues, which will be considered by the respondent No. 2 and disposed of within a period of two months form the date of filing of such representation. If the dues are admissible, the same shall be paid to the petitioner one month thereafter. If certain dues are inadmissible, the same shall be communicated to the petitioner by a speaking order through registered post.

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(Nilu Agrawal, J)

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Rajesh/Pragya

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	13.12.2018
Transmission Date	NA

Ishwari Paswan v. The State Of Bihar and Ors.

Case brief

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Ishwari Paswan v. The State Of Bihar and Ors.

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