Anjani Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5117 of 2015 ====================================================== Anjani Kumar, son of Late Janardan Jha, Resident of village and P.O. Pilkhi, P.S. Sakra, District- Muzaffapur.

.... .... Petitioner

Versus

1. The State of Bihar, through the D.M. Sitamarhi.

2. The District Education Officer, Sitamarhi, District-Sitamarhi.

3. The District Program Officer (Establishment), Sitamrhi, DistrictSitamarhi.

4. The District Provident Officer, Sitamarhi, District- Sitamarhi.

5. The Treasury Officer, Sitamarhi, District- Sitamarhi.

6. The Accountant General, Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Singh, Adv. For the Respondent/s : Mr. Birendra Kumar, AC to GP19 For the Accountant General: Mr. Vivekanand Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-04-2015 Heard learned counsel for the parties.

The petitioner, son of late Janardan Jha, a retired teacher of High School, Singhwahini, in the district of Sitamarhi, has a grievance that when his father had retired on 31.7.1997 and ultimately also died on 12.2.2012 he could not get the benefit of revision of pension which was initially fixed by the office of the Accountant General on 16.9.1998 at Rs.2035/- per month. According to the learned counsel for the petitioner, the father of the petitioner was entitled to get benefit of two revision of pension in terms of two Pay Revision Committee's report of the year 1999 and 2006.

In the considered opinion of this Court since the pension

Patna High Court CWJC No.5117 of 2015 (2) dt.21-04-2015 was already paid to the father of the petitioner though as per prerevised PPO, this Court would only deem it expedient in the ends of justice to direct respondent no.2, the District Education Officer, Sitamarhi to examine the grievance of the petitioner and if it is found that his father was entitled to revision of his pension as per the Government decision, the communication to this effect be sent to the office of the Accountant General forthwith so that the revised order of payment of pension for the period father of the petitioner was alive is paid to the legal heirs in accordance with law. This exercise, however, must be completed within a period of four months from the date of receipt of this order. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U