Keshav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5464 of 2023 ====================================================== Keshav Singh Son of Late Radhesh Singh Resident of Village and P.O.- Prasadi English, P.S. and District- Arwal.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 3.

The Divisional Commissioner, Bhagalpur Division, Bhagalpur. 4.

The District Magistrate, Bhagalpur.

5.

The District Panchayat Raj Officer, Bhagalpur. 6.

The District Provident Fund Officer, Bhagalpur. 7.

The Treasury Officer, Bhagalpur.

8.

The Block Development Officer, Bihpur, District- Bhagalpur. 9.

The Block Development Officer, Pirpaiti, District- Bhagalpur. 10.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Manoj Kumar Sinha, Advocate For the Respondent/s :

Ms. Anuradha Singh, SC-21 For the AG :

Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 21-08-2023 Mr. Manoj Kumar Sinha, learned counsel appearing on behalf of the petitioner; Ms. Anuradha Singh, learned SC-21 appearing on behalf of the respondent and Mr. Binod Kumar Labh, learned counsel appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the petitioner submits that substantial amount of retiral dues has

Patna High Court CWJC No.5464 of 2023 dt.21-08-2023 2/3 been paid to the petitioner, however, in case petitioner has not given the financial upgradation on account of second time bound promotion and ACP which has led to calculation of less pension payable to the petitioner.

3. Considering the aforesaid fact the petitioner if so advised, may file a detailed representation before the respondent no. 3. the Divisional Commissioner, Bhagalpur.

4. The respondent no. 3.-Divisional Commissioner, Bhagalpur is directed to grant benefit of second time bound promotion and ACP to the petitioner from the date the petitioner became entitled and direct the Sanctioning Authority to sanction at the revised scale after granting benefit of second time bound promotion and ACP and communicate the same to the Accountant General, Bihar for revising fixation of the pension to the petitioner in accordance with law.

5. The above exercise is directed to be carried out within a period of six weeks from the date of passing of the order by the respondent no. 3 and in further period of two weeks from the office of Accountant General.

6. The Treasury Officer must forthwith credit the entire amount of pensionary benefit and other benefit to the petitioner within a short period of time, in case any of the

Patna High Court CWJC No.5464 of 2023 dt.21-08-2023 3/3 authority delay in carrying on the direction of this Court, the petitioner is at liberty to take appropriate legal action against the concerned authority.

7. With the above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) Manish/- Minu/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.08.2023 Transmission Date NA