Disposed

Pramod Prasad Singh v. The State Of Bihar and Ors.

Patna HC19 Nov 2018CWJC/17504/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding the fixation of pension and gratuity. The court accepted an apology from certain respondents for procedural lapse and directed the Accountant General to issue necessary authority for pension fixation within 10 days, while also directing the petitioner to submit charge after superannuation.

What did the court decide?

Direction to Accountant General to ensure necessary authority for pension fixation is issued within 10 days; direction to petitioner to hand over full charge within two weeks.

Pramod Prasad Singh Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 17504 of 2017

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Pramod Prasad Singh S/o Kamleshwari Prasad Singh, resident of village - Babhangama, Police Station - Nawkothi, District - Begusarai.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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The Director, Primary Education, Government of Bihar, Patna.

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The District Education Officer, Begusarai, District - Begusarai.

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The District Programme Officer (Establishment), Begusarai, District - Begusarai.

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The Block Education Officer, Nawkothi, District - Begusarai.

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The Accountant General, Bihar, Patna.

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The District Provident Fund Officer, Begusarai, District - Begusarai.

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The Headmaster, Middle School, Chatauna, Block - Nawkothi, District - Begusarai.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the State : Mr. Sunil Kumar, Advocate Mr. Ram Vinay Prasad Singh, A.C. to G.A. 12 For the Respondent No. 6 : Mr. Rabindra Kumar Priyadarshi, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date: 19-11-2018

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Heard learned counsel for the petitioner; State and Accountant General.

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Pursuant to order dated 17.09.2018, the respondents no. 3 and 4 are present and have filed their show cause. Counter affidavit has also been filed on behalf of respondent no. 4.

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The respondents no. 3 and 4 have tendered unconditional and unqualified apology for their conduct. In view thereof, the Court does not propose to proceed any further in the

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Patna High Court CWJC No.17504 of 2017 dt.19-11-2018

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matter and accepts the apology.

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Coming to the merits, it is accepted by learned counsel for the petitioner that all admitted dues have been paid except gratuity and fixation of pension, for which the matter has been sent to the Accountant General.

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In view thereof, the writ petition stands disposed off with a direction to the Accountant General to ensure that in terms of the sanction order sent by the authorities in favour of the petitioner, necessary authority be issued, if already not issued, latest within 10 days from the date of receipt of a copy of this order.

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Further, as learned counsel for the State has submitted that the petitioner has still not handed over full charge upon his superannuation, learned counsel for the petitioner submitted that he shall be doing the same latest within two weeks from today.

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It shall also be open to the petitioner to file a representation before the respondent no. 4, with regard to any discrepancy in the payments made to him. If the same is filed within three weeks from today, the respondent no. 4 shall get the same looked into and pass a reasoned order within three weeks from the date of filing of the representation. If it transpires that any further payment is required to be made to the petitioner, in terms of the order passed on the representation, the same shall also be paid to him

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Patna High Court CWJC No.17504 of 2017 dt.19-11-2018

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within three weeks from the passing of the order.

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Personal appearance of the officers stands dispensed

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with.

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(Ahsanuddin Amanullah, J.)

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P. Kumar AFR/NAFR U

Pramod Prasad Singh v. The State Of Bihar and Ors.

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Pramod Prasad Singh v. The State Of Bihar and Ors.

Case brief

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