IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18404 of 2022

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Chnchun Kumar Son of Late Kapildeo Paswan, Resident of Mohalla- Vikas

Nagar, Ward No.-8, Barh, P.O. and P.S.- Barh, District- Patna- 803213

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna.

2.

The Principal Secretary, Building Construction Department, Bihar, Patna.

3.

The Chief Engineer, Building Construction Department, Bihar, Patna.

4.

The Electrical Superintending Engineer, Building Construction Department,

Electrical Works Circle, South Bihar, Patna.

5.

The Electrical Exective Engineer, Building Construction Department,

Electrical Works Division No. 1, Patna City, Gulzarbagh, Patna.

6.

The Accountant General, Branch-8, Pension, Bihar, Patna.

7.

The Director, G.P.F., Pant BHawan, Bailey Road, Patna-1.

8.

The Accountant Officer, D.M. Office, Patna.

9.

The Treasury Officer, Vishveshwariya Bhawan, Nirman Bhawan, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Dr. Kislay, Advocate

Mr. Amit Ranjan, Advocate

For the State

:

Mr. Rajeev Shekhar, AC to GA-13

For the A.G.

:

Mr. Bindhyachal Rai, Advocate

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2

24-04-2023

Heard Dr. Kislay, learned counsel appearing on behalf

of the petitioner, Mr. Rajeev Shekhar, learned counsel appearing

on behalf of the State and Mr. Bindhyachal Rai, learned counsel

appearing on behalf of the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the

petitioner seeks to withdraw the present writ petition with a

liberty to file detailed representation before the concerned

authority in light of Full Bench decision of this Court in case of

Patna High Court CWJC No.18404 of 2022(2) dt.24-04-2023

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Amrika Devi and Ors v. State of Bihar and Ors passed in

CWJC No. 10063 of 2012.

3. Learned counsel appearing on behalf of the

respondent has given information that the State Government has

developed a software namely, HRMS and the same has not been

activated in case of the petitioner.

4. Considering the aforesaid fact, the competent

authority is directed to disburse all the admissible retiral dues

payable to the deceased employee, who is the father of the

petitioner within a period of three weeks from the date of

activation of the software.

5. The Additional Chief Secretary, Building

Construction Department must ensure that no further delay in

activation of the software is caused at the hand of the technical

staffs or the agency to whom such responsibility has been

outsourced.

6. Considering the specific prayer of the petitioner as

well as statement of learned counsel appearing on behalf of the

State that as soon as the software is activated, all the retiral dues

payable of the father of the petitioner (deceased employee) will

be paid within a period of three weeks from the date of

activation.

Patna High Court CWJC No.18404 of 2022(2) dt.24-04-2023

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7. At this stage, learned counsel for the State informs

that Nodal Officer is responsible for activation of the HRMS

software.

8. The Additional Chief Secretary must be personally

responsible to show that Nodal Officer forthwith activate the

software.

9. It goes without saying that on account of retiral

dues, which has not been paid to the petitioner, the petitioner is

entitled for interest on account of delay in payment at the rate of

12.5 percent per annum in light of direction of the Apex Court.

10. Accordingly, the present writ petition is disposed

of.

Niraj/-

(Purnendu Singh, J)

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