Vikrant Das, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5528 of 2022 ====================================================== Vikrant Das, Son of Late Saryug Das, Resident of Village - Hawaspur, P.O. - Bihat, P.S. - Barauni, Distt. - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Director General of Police, Govt. of Bihar, Patna.

2.

Director General of Police, Govt. of Bihar, Patna. 3.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Inspector General of Police, Darbhanga.

5.

The Accountant General, Bihar, Virchand Patel Path, Patna. 6.

Superintendent of Police, Samastipur.

7.

Officer - in - Charge of Muffasil Police Station, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjai Kumar Singh, Adv.

Mr. Jyoti Ranjan Jha, Adv.

For the Respondent/s :

Mr. Manoj Kumar, AC to GP-4 For the Accountant General :

Dr. Anand Kumar, Adv.

Mr. Rajan Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-02-2025 Heard the parties.

2. At the outset, learned Advocate for the petitioner submits at the bar that during the pendency of the writ petition, the petitioner has been paid all the admissible retiral benefits and the other dues; nonetheless, the pension of the petitioner has not yet been fixed on the revised pay scale. The impediment, which was coming in the way to extend the revised pension has already been brushed aside, in view of the fact that the petitioner has handed over the charge of cases on 31.05.2022

Patna High Court CWJC No.5528 of 2022(3) dt.27-02-2025 2/3 and has received No Dues Certificate from the concerned authorities, is the contention of the learned Advocate for the petitioner. Referring to the rejoinder to the counter affidavit, learned Advocate further contended that so far the allegation of handing over the charge of malkhana is concerned, the petitioner has approached before the competent authority for handing over the charge of the same, but till date, it could not be completed for which the petitioner is no way responsible.

3. Learned Advocate for the State in response to the contentions raised in the rejoinder to the counter affidavit has submitted that if No Dues Certificate has already been issued in favour of the petitioner and there is no impediment as is contended by the learned Advocate for the petitioner, he may approach before the competent authority, who shall consider the grievance of the petitioner to the extent of fixation of pension in the revised pay scale.

4. Considering the fair submissions advanced on behalf of the learned Advocate for the respective parties, the present writ petition stands disposed off with a liberty to the petitioner to approach before the competent authority for the fixation of pension on revised pay scale and/or for any other remaining grievance and due amount.

Patna High Court CWJC No.5528 of 2022(3) dt.27-02-2025 3/3

5. In case such a representation is filed preferably within a period of four weeks, from today, the concerned respondent shall consider the same and pass a reasoned and speaking order, within a further period of twelve weeks.

6. Suffice it to observe that if the claim of the petitioner finds favour, necessary consequential order shall be passed within the period stipulated.

7. The writ petition stands disposed off with the liberty aforesaid.

(Harish Kumar, J) shivank/- U