Viresh Kumar Verma Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Viresh Kumar Verma Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the District Programme Officer (Establishment), Muzaffarpur to ensure payment of all remaining admissible retiral dues towards final pension, gratuity amount and leave encashment, preferably within twelve weeks from receipt/production of a copy of the order; State counsel requested to communicate the order to the concerned respondent forthwith.

Issue for consideration

Whether the petitioner, a retired Headmaster, has received / will receive his outstanding retiral dues, namely arrears of pension, final pension, gratuity amount and leave encashment, from the State authorities.

Court's answer

Taking note of the averments in the supplementary counter affidavit, the writ petition stands disposed of with a direction to the District Programme Officer (Establishment), Muzaffarpur to ensure payment of all remaining admissible retiral dues towards final pension, gratuity amount and leave encashment, preferably within twelve weeks from receipt/production of a copy of the order; learned counsel for the State is requested to communicate the order to the concerned respondent forthwith.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Harish Kumar, J., oral judgment, 30-01-2024): CWJC No.9622 of 2020 (Viresh Kumar Verma, retired Headmaster v. State of Bihar and others) concerning non-receipt of retiral dues was disposed of on the strength of a supplementary counter affidavit of respondent no. 5 confirming sanction of arrears of pension of Rs. 5,37,616/- communicated to the Central Bank of India, Mahua (Vaishali) through the Treasury Office, Vaishali, Hajipur, together with letters no. 344 and no. 71 both dated 18.01.2024 seeking confirmation of payment and sanction of final pension, gratuity and leave encashment. The Court directed the District Programme Officer (Establishment), Muzaffarpur to ensure payment of all remaining admissible retiral dues towards final pension, gratuity and leave encashment, preferably within twelve weeks of receipt/production of a copy of the order, and asked State counsel to communicate the order forthwith. No statute or precedent case is cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9622 of 2020

======================================================

Viresh Kumar Verma Son of late Ramashish Prasad at present resident of 8/L122, Bahadurpur Housing Colony, P.O. Gandhinagar, Kankarbagh, P.S. Agamkuan, District- Patna, a retired Headmaster, Rajkiyakrit Yadunandan High School, Baghi, Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

The Director, Secondary Education, Education Department, Government of Bihar, Patna.

The District Education Officer, Muzaffarpur.

The District Programme Officer (Establishment), Muzaffarpur.

The Accountant General, Birchandpatel Path, Bihar, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Pandit, Advocate For the Respondent/s : Ms. Abhanjalli, Advocate For the Accountant General : Mrs. Ritika Rani, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

Date : 30-01-2024

Heard the parties.

In compliance with the order of this Court dated 02.01.2024, a supplementary counter affidavit has been filed on behalf of the respondent no. 5. By referring to the averments made therein, submission has been made that a sanction letter approving the payment of arrears of pension amounting to Rs. 5,37,616/- was made available to the Central Bank of India, Mahua, Vaishali through the Treasury Office, Vaishali, Hajipur for making the aforesaid payment. Further, the deponent has also sent letter bearing no. 344 dated 18.01.2024, to the Branch Manager, Central Bank of India, requesting him to provide the

Patna High Court CWJC No.9622 of 2020 dt.30-01-2024 2/2

report/evidence, related to payment of arrears of pension to the petitioner amounting to Rs. 5,37,616/-.

Another letter bearing no. 71 dated 18.01.2024, has also been sent to the Deputy Director (Administration), Education Department, Bihar, Patna requesting him to issue an appropriate sanction order for payment of final pension, gratuity amount and leave encashment to the petitioner.

Considering the averments made in the supplementary counter affidavit, the present writ petition stands disposed of, with a direction to the District Programme Officer (Establishment) Muzaffarpur, to ensure payment of all the remaining admissible retiral dues, towards the final pension, gratuity amount and leave encashment, preferably within a period of twelve weeks, from the date of receipt/production of a copy of this order.

This disposes the writ petition.

Learned counsel for the State is requested to

communicate this order to the concerned respondent, forthwith.

(Harish Kumar, J)

shivank/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	31.01.2024
Transmission Date	NA