VISHAL KUMAR SINHA Vs. STATE OT BIHAR

JUDGEMENT

(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.) 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.