Jag Lal Singh Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11694 of 2011 ====================================================== Jag Lal Singh Yadav Son of Late Kasi Singh R/O Vill.- Nonia Bigha, P.S.- Arwal, Distt.- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Food and Civil Department Govt. of Bihar, Patna

2. The Managing Director, Bihar State Food and Civil Supply Corporation, Sone Bhawan, Patna

3. The District Manager, Bihar State Food and Civil Supply Corporation, Distt.- Nalanda

4. The Accountant General , A.G. Bhawan, Beer Chand Patel Path, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh, Adv. For the Accountant General : Mr. Vivekanand Kumar, Adv. For the State : Mr. Shakib Ayaz, Adv. : Mr. Amrendra Nr. Rai, Adv.

For the Respondent no. 5 : Mr. Rajoday Satyjeet, Adv. (P.F. Commissioner) For Respondent nos. 2 and 3 : Mr. A.N. Rai, Adv. ==================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 7.

28.01.2015 Heard learned counsel for the parties.

Counter affidavit has been filed on behalf of respondent no. 1.

As per the stand in the counter affidavit, the petitioner is entitled to pension for having rendered service for about 14 years under the State Government. However, the stand is that he has not submitted the pension papers in the prescribed proforma to the concerned State respondent. It is admitted position at the Bar that all retiral benefits of the petitioner, which was required to be paid by the Bihar State Food and Civil Supplies Corporation have been

Patna High Court CWJC No.11694 of 2011 (7) dt.28-01-2015 2/2 made and now the only grievance of the petitioner is with regard to pension which is payable by the State. In view of the aforesaid, the writ petition stands disposed off with a direction to the petitioner to appear before the Deputy Secretary of the Food and Consumer Protection Department, Bihar, Patna within one week from today along with a copy of this order. The concerned officer shall thereafter ensure that all formalities required to be completed for grant of pensionary benefit to the petitioner for his service of about 14 years rendered under the State Government are completed within two weeks of the petitioner appearing before the said authority.

Thereafter, the authority shall ensure that necessary sanction order is issued and forwarded to the Accountant General, Bihar within four weeks. The Accountant General, Bihar shall issue the necessary authorization within the next two weeks. The concerned State authorities, upon issuance of the authorization by the Accountant General, Bihar shall ensure that payment is made to the petitioner within a further period of three weeks. It goes without saying that the sanction from the Government and the issuance of the authorization by the Accountant General, Bihar shall take care of up-to-date arrears.

(Ahsanuddin Amanullah, J.) P. Kumar U