Kamla Kant Jha vs State of Bihar and Others

Ravi S. Dhavan, CJ., Shashank Kumar Singh, J.—The Court is not repeating any aspect in any of orders recorded in this case. Suffice it to say that they have been sufficiently brought to the notice of a set of Counsel present (i) Mr. S.K. Ghose, Senior Advocate, A.A.G. 2, (ii) Mr. S.S. Naiyar Hussain, Senior Advocate, G.P. 2 and Mr. C.K.P. Bhagat, S.C. 1.

The fact that a State cheque has been dishonoured and that also when the proceedings in Court show that payment was due after a case had been filed is serious enough.

Apart from this, this case is reflecting on the disease which is prevailing of inaction on behalf of the administration as a result of which persons who have retired are not receiving these pensionary benefits. The Patna High Court is pressured with these cases. It is entirely up to the State Government to pick up the cases which are pending. Otherwise, they have notice of it as before filing a case a notice is served'' upon its Counsel.

Controversies are generated uselessly in the case (s). The retirement payment, by cheque in the present case has been dishonoured. The time has now come for the State administration to send its guidelines district wise to ensure that post retirement benefits to retired employees are not delayed.

Put up next week, same day, in the supplementary list.

An affidavit has been filed on behalf of the petitioner appellant, in effect, showing the number of times he had to present himself either to the Bank or before the Treasury Officer including filing of the case for his post retirement benefits. This aspect the Court will consider subsequently.

Let a copy of this order be given to the State Counsel.