Patna High Court - Orders
Ramesh Jha vs The State Of Bihar & Ors on 7 November, 2014
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6607 of 2010
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1. Ramesh Jha S/O Late Kapileshwar Jha R/O Vill Bilandpur, P.S.Mahua,
Distt-Vaishali
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Chief Secretary Government Of Bihar,
Patna
2. The Secretary, Water Resources Department Government Of Bihar,
Patna
3. The Chief Engineer , Water Resources Department Muzaffarpur
4. The Chief Engineer, Water Resources Department Indrapuri
5. The Executive Engineer , Lalganj, Flood And Drainage Division
Lalganj, Vaishali
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra
For the Respondent/s : Mr. (Sc6)
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CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
SINGH
ORAL ORDER
8 07-11-2014The petitioner retired from the post of Correspondence Clerk on 31.7.2009 from the office of Executive Engineer, Water and Drainage Department, Lalganj Vaishali under the Water Resources Department.
The grievance of the petitioner is that though he had unblemished service career of forty one years, still he has not been paid his retrial benefits.
A counter affidavit has been filed on behalf of the department duly signed by the Executive Engineer, Flood and Drainage Division, Lalganj. It would appear from the counter Patna High Court CWJC No.6607 of 2010 (8) dt.07-11-2014 2/3 affidavit that the office of the Accountant General has authorized payment of pension, gratuity and leave encashment. The order of the Accountant General is contained in Annexure 'I' to the counter affidavit. However, the respondents have not made any statement with respect to grant of leave encashment.
A supplementary affidavit has been filed by the petitioner stating that the department has ordered to make recovery of Rs.87,657/- from the amount of his leave encashment. A copy of letter no. 1273 dated 28.10.2009 is at Annexure 9 to the writ petition. It appears from Annexure 9 that a sum of Rs.87,657/- has been deducted from leave encashment of the petitioner because of excess payment made to him.
As the respondents have already deducted the excess amount paid to the petitioner from his leave encashment, they are directed to ensure continued payment of pension and the amount of gratuity, if not already paid. Respondent no. 5, the Chief Engineer, Flood and Drainage, Lalganj and the Chief Engineer, Water Resources Department, Muzaffarpur are directed to ensure immediate compliance of this order.
If the petitioner is, in any way, aggrieved with the quantum of pension or the gratuity, he would be at liberty to file an appropriate representation before the concerned authorities who Patna High Court CWJC No.6607 of 2010 (8) dt.07-11-2014 3/3 will address the same by a speaking order within three months from the date of its filing. It would be open to the petitioner to challenge the deduction of Rs.87,657/-, the excess amount said to be paid to him which has been deducted from his leave encashment.
With the aforesaid liberty and direction, this writ petition is disposed of.
(Samarendra Pratap Singh, J) haque/-
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