Rajnish Thakur vs The State Of Bihar And Ors on 5 March, 2019

[Cites 1, Cited by 0]

Patna High Court - Orders

Rajnish Thakur vs The State Of Bihar And Ors on 5 March, 2019

Bench: Nilu Agrawal

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4170 of 2019
                 ======================================================
                 Rajnish Thakur

                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Sanjeev Kumar Singh, Advocate
                 For the Respondent/s   :     Mr.Sunil Kumar, AC to G.P.-11
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
                                       ORAL ORDER

2   05-03-2019

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

The petitioner had earlier moved this Court for payment of his post retiral dues, pension gratuity, earned leave, group insurance as well as remaining part of GPF with statutory interest. He also prayed for quashing of the letter dated 06.02.2017 issued by the Executive Engineer, Madhepura wherein direction was issued to recover excess payment made to the petitioner after fixation of pay in the reduced pay scale with effect from 1981 to 2006. The petitioner superannuated from service on 30.09.2016.

This Court in the earlier writ application being CWJC No.4880 of 2017 as contained in Annexure-2 vide order dated 22.06.2017 placing reliance on the order passed by the Supreme Patna High Court CWJC No.4170 of 2019(2) dt.05-03-2019 2/3 Court in the case of State of Punjab v. Rafiq Masih since reported in 2015(1) PLJR 261, stating the five categories where recovery is impermissible, directed the respondents to release the sanctioned amount of pension commuted value of pension, gratuity and earned leave to the petitioner forthwith. The said order of the learned Single Judge was challenged in LPA being LPA No.98 of 2018 which was dismissed by this Court on 04.04.2018 as contained in Annexure-4. Thereafter, the petitioner filed representation for payment of entire retiral dues including gratuity which is Annexure-5 to the writ application. The petitioner is aggrieved letter no.287 dated 22.06.2018 whereby a direction has been issued by the Executive Engineer, Minor Irrigation Division, Water Resource Department, Madhepura, respondent no.4, to release all retiral benefits except the amount of Rs.3,34,580/- which was on account of excess payment which has been sought to be recovered from the gratuity amount payable to the petitioner which according to the petitioner is impermissible in view of the earlier order passed by this Court and affirmed by the Division Bench.

Considering the earlier orders passed by this Court, the Executive Engineer, Minor Irrigation Division, Water Resource Department, Madhepura, respondent no.4 is directed Patna High Court CWJC No.4170 of 2019(2) dt.05-03-2019 3/3 to be personally present before this Court on 12.03.2019 at 10.30 A.M. A counter affidavit if the State so desires may also be filed within the said period.

(Nilu Agrawal, J) B.Kr./-

Unlock Advanced Research with PRISMAI

Patna High Court - Orders