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Patna High Court - Orders

Upendra Prasad Bishwas vs The State Of Bihar on 25 June, 2020

Author: Anil Kumar Upadhyay

Bench: Anil Kumar Upadhyay

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4909 of 2020
                 ======================================================
                 Upendra Prasad Bishwas, Son of Late Laxmi Nath Bishwas, Resident of
                 Village- Pategna, P.S.- Tarabari, District- Araria.
                                                                          ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through the Principal Secretary, Planning and
                  Development Department, Government of Bihar, Patna.
           2.    Director, Directorate of Earth and Statistical, Bihar, Patna.
           3.    The Secretary, Directorate of Earth and Statistical, Bihar, Patna.
           4.    District Statistical Officer, Lakhisarai.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Baleshwar Kamat
                 For the Respondent/s    :       Mr.Anjani Kumar (AAG-4)
                                                 Mr. Sanjay Prasad, AC to AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

2   25-06-2020

Heard learned counsel for the petitioner and the respondents.

The petitioner retired as Block Statistical Supervisor, Lakhisarai on 28.02.2018.

The grievance of the petitioner in the present writ application is non-payment of post-retiral dues.

Learned counsel for the petitioner submits that the petitioner has not been paid post-retiral dues. He further submits that the petitioner is entitled to ACP/MACP, but that was not granted to him and as such the respondents may be directed to consider the case of the petitioner for grant of ACP/MACP and arrears of salary after grant of ACP/MACP and thereafter fix the Patna High Court CWJC No.4909 of 2020(2) dt.25-06-2020 2/2 post-retiral dues of the petitioner.

Considering the aforesaid, the writ application is disposed of with a direction to the respondents to calculate the entitlement of the petitioner under the head (a) arrears of salary, (b) grant of ACP/MACP and (c) fixation of pension and ensure payment thereof, if not already paid, with detailed calculation chart within a maximum period of four months from the date of receipt/production of a copy of this order, failing which, the petitioner shall be entitled to payment of interest at the rate of 9% per annum from the date of filing of writ petition till the date of actual payment.

(Anil Kumar Upadhyay, J) uday/-

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