Partly allowed

Yogendra Mishra, Retired Principal, High School, Deendayalpur, Siwan, v. The State Of Bihar

Patna HC14 Oct 2019CWJC/23864/2018

Case brief

AI extract

What is this about?

This was an oral order disposing of a writ petition concerning the non-payment of pension and gratuity. The court allowed the petition partially, directing the State to credit the disputed amount within four weeks, with a threat of contempt proceedings for default. The underlying proceedings were closed as the issue appeared resolved regarding the authority to pay.

What did the court decide?

Direction to the respondent authorities to credit the actual pension and gratuity amount to the petitioner's account within four weeks; threat of contempt proceedings for default.

Yogendra Mishra, Retired Principal, High… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23864 of 2018

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Yogendra Mishra, Retired Principal, High School, Deendayalpur, Siwan, S/o Late Tarkeshwar Mishra, Resident of Sainpura, P.S.- Goreya Kothi, DistrictSiwan.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

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The Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The Director, (Higher and Secondary Education), Education Department, Govt. of Bihar, Patna.

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The District Education Officer, Siwan.

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The District Programme Officer, Establishment (Education), Siwan.

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The Principal High School, Deendayalpur, Siwan.

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The Treasury Officer, Siwan.

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The Accountant General, Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar For the Respondent/s : Mr.Madanjeet Kumar Mr. Rajeev Ranjan, AC to GP-20 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 14-10-2019 The learned counsel for the respondent-State has filed a counter affidavit wherein it has been stated in paragraph no. 8 that the Education Department vide letter dated 18.09.2019 has sanctioned 10 per cent pension and gratuity amount as well as cumulative pension and has sent it to the Accountant General whereafter the Accountant General has issued authority slips on 23.09.2019 and the same has been sent to the Treasury Officer, Siwan for payment. It is further stated that the Treasury Officer, Siwan vide letter dated 26.09.2019 has forwarded the original authority slip to the State Bank of India,Siwan for necessary action and the Chief Manager,State Bank of India, Siwan Branch vide

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Patna High Court CWJC No.23864 of 2018(4) dt.14-10-2019 2/2

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letter dated 26.09.2019 has forwarded the authority slips/payment order to the Assistant General Manager, State Bank of India, Administrative Office, Patna for necessary action.

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The learned counsel for the petitioner submits that he has not been instructed as to whether actual amount has been credited in the account of the petitioner or not.

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Having regard to the facts and circumstances of the case, the present writ petition stands disposed off in view of the aforesaid statement made in the counter affidavit filed by the respondent-State, however, with a direction to the respondent authorities to immediately credit the actual amount in the account of the petitioner, if not already credited, within a period of four weeks from today, failing which the petitioner would be at liberty to file an appropriate I.A. for revival of the present writ petition and this Court would consider initiating contempt proceedings against the defaulters.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Yogendra Mishra, Retired Principal, High School, Deendayalpur, Siwan, v. The State Of Bihar

Case brief

What is this about?

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Yogendra Mishra, Retired Principal, High School, Deendayalpur, Siwan, v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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