Sipahi Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4586 of 2019 ====================================================== Sipahi Prasad Sah Son of Late Sona Sah R/o Village-Kopa, Post Office-Sakla Bazar, P.s.-Karakat Gorari, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors Bihar 2.

The District Superintendent of Police Kishanganj 3.

District Treasury Officer Sasaram 4.

The Accountant General Bihar R Block, Veerchand Patel Marg, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Punam Kumari For the State :

Mr. AC to (GA4) For the Accountant General: Mr. Vivekanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2020 Heard both sides.

In this writ petition the petitioner seeks direction to the respondent No.2 to calculate the basic pay of the petitioner after giving increment in the year 2010, 2011 and 2012 and fix the post retiral benefits of the petitioner on the date of his retirement after proper calculation, Counter affidavits have been filed on behalf of respondent No.2 and Accountant General, Bihar. The respondent No.2 in the counter affidavit has stated that since the petitioner did not pass Hindi drafting examination, which is essential for grant of increment, therefore, the petitioner is not entitled to get increment for the year 2010, 2011 and 2012 after his promotion

Patna High Court CWJC No.4586 of 2019(4) dt.22-06-2020 2/2 on the post of A.S.I. and his pension was correctly fixed and all the retiral bebefits have been paid to the petitioner. Considering the facts that all the retiral benefits have already been paid to the petitioner, I dispose of this writ petition with a direction to the petitioner that, if at all the petitioner is aggrieved, the petitioner may file representation before the Superintendent of Police from where he retired and the Superintendent of Police shall consider the representation of the petitioner for grant of increment and dispose of the representation of the petitioner in accordance with law within three months from the date of receipt of such representation. Accordingly, this writ petition stands disposed of. (Prabhat Kumar Jha, J) BKS/- U