Narendra Prasad Saini, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1858 of 2020 ====================================================== Narendra Prasad Saini, aged about 73 years, Male, son of Late Ramchandra Prasad Saini, resident of Ward No. 11, P.S. Khodawandpur, DistrictBegusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Patna.

2.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.

The Accountant General, Bihar, Patna.

4.

The Education Officer, Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Respondent/s :

AC to SC 28 For Accountant General :

Mr. Ram Yash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-02-2020 Heard learned counsel for the parties.

2. The petitioner has moved the Court for the following relief:

"For issuance of writ in the nature of mandamus or any appropriate writ/writs commanding the respondents concerned particularly Respondents no. 2 and 3 to provide the petitioner with the benefit of the revised pension by giving benefit of notional pay fixation with protection of seniority as also for payment of the amount accrued to the petitioner by virtue of his entitlement in respect of different heads after superannuation from service."

3. Learned counsel for the petitioner submitted that earlier he along with others had filed CWJC No.17196 of 2019, but the application was directed to be confined to only the

Patna High Court CWJC No.1858 of 2020 dt.13-02-2020 2/2 petitioner no. 1 i.e., Mahendra Jha by order of the Court dated 09.09.2019 whereas others, including the petitioner, were given liberty to file separate writ petition. Learned counsel submitted that CWJC No.17196 of 2019 was disposed off by directing the petitioner to file representation before the respondent no. 1 with regard to his grievance within a period of four weeks who was directed to dispose off the same within twelve weeks thereafter. It was submitted that the present writ petition be also disposed off in the same terms.

4. Learned counsel for the respondents do not oppose.

5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to file detailed representation before respondents no. 2 and 3 with regard to the grievance raised in the present writ petition. If the same is done within four weeks from today, the respondents no. 2 and 3 shall look into the matter and dispose of the same by passing reasoned order within three months from the date of filing of such representation. If it transpires that any amount is payable to the petitioner, the same shall also be paid to him within six weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U