Girjanandan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4312 of 2022 ====================================================== Girjanandan Sharma Son of Late Jagdish Sharma Resident of VillageKamtachak, P.O.- Mittanchak, P.S.- Gopalpur, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

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

The Inspector General of Police, Bihar Military Police, Bihar, Patna. 4.

The Deputy Inspector General of Police, Military Police (North Division), Muzaffarpur.

5.

The Commandant, Bihar Military Police-12 (IRB-2), Bhim Nagar, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Giri, Advocate Mr. Santosh Kr. Mishra, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad, SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 19-05-2022 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"I. To issue an appropriate writ / order / direction, in the nature of mandamus commanding the respondents to make payment of provisional pension on the petitioner with arrears.

Patna High Court CWJC No.4312 of 2022 dt.19-05-2022 2/3 II. To any other relief or reliefs for which the Petitioner is found to be entitled in the facts and circumstances of the case."

3. Petitioner while working in the concerned department, he was subjected to disciplinary proceedings and it was concluded in imposition of penalty of dismissal from service, thereafter, it was set aside in the appeal for further enquiry and it is still pending. In the meanwhile, petitioner has attained age of superannuation and retired from service on 31.01.2019. However, petitioner has not provided provisional pension in terms of Rule 43 (c) of the Bihar Pension Rules read with FD Memo No. PC-H-408/74-H 260 F dated 31.10.1974. In this regard, petitioner has already requested the concerned authority while furnishing reply in disciplinary proceedings. Therefore, disciplinary authority is hereby directed to take note of the grievance of the petitioner as to whether petitioner is entitled to provisional pension in terms of Rule 43 (c) of the Bihar Pension Rules read with memo dated 31.10.1974 or not? If petitioner is otherwise entitled, he shall be paid provisional pension, in accordance with law and subject to outcome of enquiry proceedings.

4. The above exercise shall be completed within a period of three months from the date of receipt of this order.

Patna High Court CWJC No.4312 of 2022 dt.19-05-2022 3/3

5. The concerned authority is also hereby directed to examine whether petitioner is entitled to arrears of provisional pension during pendency of enquiry or not. If he is entitled the same shall be calculated and disbursed.

6. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 20.05.2022 Transmission Date