Patna High Court - Orders
Girja Nandan Singh vs The State Of Bihar & Ors on 11 July, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4617 of 2007
GIRJA NANDAN SINGH
Versus
THE STATE OF BIHAR & ORS
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For the petitioner : Md. Abu Haidar, Adv.
For respondent No. 4, A.G. : Mr. Vivekand Kumar, Adv.
For the State : Mr. Madhukar Mishra, J.C. to G.A. 7.
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4/ 11-07-2008Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General.
This writ petition has been filed by the petitioner for his retiral dues including group Insurance with interest @ 18% per annum and also revised pension. This case was earlier considered on 10.03.2008 in which it was found from paragraph 4 of the counter affidavit that entire retiral dues of the petitioner, except Group Insurance claim has been paid and hence Superintendent of Police, Nalanda was directed to pay the Group Insurance claim of the petitioner as early as possible and in any case within one month from that day. But it appears that the said order has not been complied till date.
In the aforesaid facts and circumstances, this writ petition is disposed of with specific direction to the Superintendent of Police, Nalanda to pay Group Insurance claim of the petitioner with interest @ 18% per annum positively within two months from the date of receipt/ production of a copy of this order, failing which it will be treated as intentional violation and contempt of order of this Court and in such a case the petitioner would be entitled to file a petition before this Court for initiating a proceeding of contempt against the said -2- Officer.
As per the statement of the learned counsel for the State and learned counsel for the Accountant General, except the aforesaid Group Insurance the entire retiral dues have already been paid to the petitioner and even the pension etc. have been fixed at the revised pay intimation of which has already been sent to the petitioner and the Treasury concerned on 26.4.2007. In the said circumstances according to the respondents no further amount remains due. However, if the petitioner feels aggrieved by the payments he has received he will be at liberty to move the authority concerned, namely, Superintendent of Police, Nalanda, raising all the points along with a copy of this order and all relevant materials within four weeks from today. If such an application is filed within the period prescribed, the said authority shall decide the same in accordance with law by a speaking order within eight weeks thereafter. Furthermore, if any amount is found to be payable to the petitioner it should be paid immediately thereafter.
B. Tiwary/ ( S. N. Hussain, J )