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2005 DIGILAW 574 (PAT)

Vishal Kumar Sinha v. State Of Bihar

2005-07-01

MRIDULA MISHRA

body2005
Judgment 1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. 2. According to the petitioner, his father retired as Graduate Survey Assistant from the office of Nagar Nivesan Sanghtan, Bikash Bhawan, New Secretariat, Patna. His father after superannuation made a representation before the Secretary, Urban Development Department, Bihar, Patna for payment of his all legal dues. The Incharge Chief Town Planner, Urban Development Department, Patna vide Memo No. 231 dated 4.4.2002 informed the father of the petitioner to submit all requisite documents for taking decision on retiral dues or other claims. His father submitted all requisite documents on 4.5.2002 and subsequently died on 18.12.2002. During his life time, the father of the petitioner was not paid his salary for the period August, 1995 to 31.1.1999 and pension since 31.1.1999 to 18.12.2002. It has also been submitted that during the period 6.7.1982 to 6.12.1987 his father remained suspended and for that period he was not paid subsistence allowance. Besides these dues, the father of the petitioner was not paid other retiral dues like gratuity, leave encashment and other amounts which were payable to his father. 3. A counter affidavit has been filed by the State wherein it has been stated that the petitioners father never furnished his pension paper in prescribed format. During service period, the father of the petitioner has furnished his wrong date of birth on the basis of some forged document. The Chief Town Planner then requested the petitioners father to furnish relevant papers such as appointment letter, dated of birth certificate etc. because his service book is not available in the office. The date of birth of the petitioners father was verified from the records of Patna University where it was found as 2.1.1937 whereas he has shown his date of birth as 2.1.1945. The Examination Controller of Patna University has furnished an information confirming the date of birth of the petitioner as 2.1.1937. In this view of the matter, the petitioners father was to retire on 31.1.1995 itself but he continued to work till 1999. During the life time and after the death of the father of the petitioner, the requisite papers regarding date of birth were called for but the same were not submitted. This is the reason that the payments have not been made to the petitioners. During the life time and after the death of the father of the petitioner, the requisite papers regarding date of birth were called for but the same were not submitted. This is the reason that the payments have not been made to the petitioners. Regarding salary for the period August, 1995 to January, 1999 it is said that the petitioners father or petitioner is not entitled to arrear of salary for this period as prior to that petitioners father should have retired. It has been submitted that the father of the petitioner received salary even after his superannuation on ac ;ount of giving wrong date of birth and as such recovery is to be made from his pension. In sum and substance, from the counter affidavit it transpires that the pension and other pensionary benefits of the petitioners father could not be finalised on account of lapses on the part of the petitioners father as well as the petitioner. 4. In the facts and circumstances of the case, the petitioner is directed to furnish all relevant documents relating to service of his father before respondent no. 4 within three weeks from today. If all the documents are furnished by the petitioner within the time fixed, the respondent no. 4 or other concerned authority shall consider and pass necessary order regarding arrears of salary, arrears of pension, arrears of subsistence allowance and other legal dues within a period of four weeks from the date of submission of such documents. So far as payment is concerned, that must be paid within two weeks from the date of passing of such order. In case, the petitioner fails to submit any such document, the respondents shall not be held guilty for its inaction. 5. With the aforesaid observations/directions, this writ petition is disposed of.