Patna High CourtCWJC/11497/2016disposed

Mahadeo Ray v. The State Of Bihar And ORS

2016-09-17Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11497 of 2016 =========================================================== Mahadeo Ray Son of late Shihasan Ray Resident of Village-Chankyapuri, Uttarwati Pokhra, Bettiha, P.S. Bettiah, Dist West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar, through Secretary, Agriculture Department, New Secretariat, Patna.

2. The Assistant Director, Cane Development, West Champaran, Bettiah.

3. The Account General Bihar, Patna.

4. The Treasury Officer, West Champaran.

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

For the Petitioner/s :

Mr. Bhagya Narayan Jha, Advocate For the Respondent/s :

Dr. Anil Kumar Upadhyay, SC 2 with Mr. Rohit Rajershi, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-09-2016 Heard learned counsel for the parties.

The petitioner superannuated on 30.11.2002 having been appointed on 17.01.1980. He has also received pension. However, he has approached the Court for sanction of revised pension since 01.04.2007 in view of the policy of the State Government contained in the resolution of the Finance Department bearing No. la0-fo0-27/is0 dks0-137/2008-820 dated 23rd September, 2009.

Patna High Court CWJC No.11497 of 2016 dt.17-09-2016 2/2 Learned counsel for the petitioner submits that as per the communication of the Accountant General in letter no. 6798 dated 05.12.2015 to the Treasury Officer, Bettiah, Bihar (respondent no. 4), the benefit of such revision has to be granted to the petitioner. He submits that despite the same it has not been paid to him. Learned counsel for the State very fairly submits that the benefit given by the State is required to be passed on to the petitioner. Having considered the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 4 to ensure payment in terms of the government policy as well as the communication of the Accountant General dated 05.12.2015 in accordance with law, if there is no other legal impediment to the same. The same be made within four weeks from the date of production of a copy of this order before him. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.09.2016 Transmission Date N/A