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2010 DIGILAW 312 (PAT)

Jagnarain Prasad v. State Of Bihar

2010-03-09

JYOTI SARAN

body2010
JUDGEMENT 1. Heard Mr. Akhilesh Datta Verma for the petitioner, Mr. Anil Kumar Singh, learned Assisting Counsel to G.P.-16 for the State and Mr. Rakesh Kumar Singh for the Accountant General. 2. The petitioner who superannuated from the post of Medical Officer in the District Board Hospital at Belawar with effect from 31.1.2004 had filed the writ petition for payment of his dues in the light of the calculation prepared by the authorities placed at Annexure-1 of the writ petition wherein the total dues admissible to the petitioner was found to be Rs.4,56,681/- against different heads mentioned in the said tabulation chart. 3. A counter affidavit has been filed on behalf of the State mentioning therein that the petitioner was paid an amount of Rs.3,84,103/- on 14.10.2008 towards the arrears of salary. It is further stated that the petitioner had already been paid a sum of Rs.7057/- by way of a cheque on 14.10.2008, the details whereof has been placed at Annexure-C series to the counter affidavit. 4. Learned counsel for the petitioner submits that the calculation made by the respondents is not correct for the reasons that as the tabulation chart placed at Annexure-1 to the writ petition was prepared by the respondents themselves, the petitioner was entitled to a sum of Rs.4,56,681/-. By way of the present affidavit, it is being stated that the claim of the petitioner has been reduced to a sum of Rs.3,091,000/- and which is short by almost Rs.66,000/-. Learned counsel thus submits that no reason was assigned by the authorities in reducing the same. 5. In the circumstances, as according to the respondents, the entire claim as found admissible to the petitioner has since been paid to him, no useful purpose would be served in keeping this matter pending and is being disposed of with liberty to the petitioner to advance his claim for payment of the balance amount of the dues placed at Annexure-1 before respondent no.3 the Civil Surgeon cum Chief Medical Officer, Arwal and who will consider and dispose of the claim of the petitioner within a period of four weeks from the date of receipt of such representation. 6. Needless to add that if the petitioner is found entitled to any further amount, the same should be paid to him within the said period. 7. The writ petition stands disposed of.