Ramashankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 16670 of 2018 ====================================================== Ramashankar Singh S/o Late Raghubir Singh, Resident of Village- Ratanpura, P.S.- Gopalpur, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Secondary Education, Government of Bihar, Patna 2.

The Principal Secretary, Department of Secondary Education, Govt of Bihar, Patna.

3.

The Collector-cum-District - Magistrate, Gopalganj. 4.

The District Superintendent of Education, Govt of Bihar, Patna. 5.

The Accountant General, Bihar, Patna at Patna. 6.

The Bank Manager, State Bank of India, Main Branch, Siwan at Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Harendra Prasad, Advocate For the S t a t e :

Mr Jitendra Kumar Ray -1, SC XIII For Accountant General :

Mr Kumar Priya Ranjan, Advocate For the B a n k :

Mr Kaushlendra Kr Sinha, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard Mr Harendra Prasad, learned counsel for the petitioner, Mr Jitendra Kumar Ray -1, learned SC XIII for the State, Mr Kumar Priya Ranjan for the Accountant General as

Patna High Court CWJC No.16670 of 2018(2) dt.08-06-2020 2/3 well as Mr Kaushlendra Kumar Sinha for the Bank. It is submitted by the petitioner's counsel that the amount of pension now has to be restored as it has been more than 15 years since retirement. The office of the Accountant General, vide Communication dated 05.09.2018, had written to the Treasury Officer, Siwan for taking action for restoring the petitioner's commuted pension amount in accordance with law. However, the same has not been done. Petitioner's counsel submits that now, in view of the communication from the office of the Accountant General, the consequential action has to be taken by the District Treasury Officer as also by the State Bank of India (Respondent No 6).

The petitioner would, therefore, approach the District Magistrate, Gopalganj placing reliance on the communication of the office of the Accountant General dated 05.09.2018 (Annexure R - 5/A to the counter affidavit).

Let the petitioner approach the District Magistrate (Respondent No 3) as also the Branch Manager, State Bank of India (Respondent No 6) for due and admissible benefits consequent to communication of the office of the Accountant General dated 05.09.2018 within a period of four weeks from today.

Patna High Court CWJC No.16670 of 2018(2) dt.08-06-2020 3/3 In the event, the petitioner makes his application, the Authorities would be obliged to ensure that the same is disposed of by a reasoned and speaking order and the due and admissible amount is paid to the petitioner expeditiously without any undue delay, and preferably within six weeks thereafter. Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U