Mahendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5951 of 2023 ====================================================== Mahendra Mishra Son of Late Jagdish Mishra Resident of village- Kanhauli Bishunpur Persi, P.S. Mahua, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

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

The Director, Secondary Education, Bihar Patna. 4.

The Regional Deputy Director of Education Terhut Division, Muzaffarpur. 5.

The District Education Officer, Muzaffarpur.

6.

The District Education Officer, Patna 7.

The District Programme Officer (Establishment) Patna 8.

The Principal Kusturba Ganghi Girls High School, Khagaul, Patna. 9.

The Account General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Vasant Vikas, Adv.

For the Resp-State :

Mr. Kumar Kamal Nayan For the AG, Bihar :

Mr. Ram Yash Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-01-2024 Heard Mr. Vasant Vikas, learned counsel for the petitioner; Mr. Kumar Kamal Nayan, learned counsel for the State and Mr. Ram Yash Singh, learned counsel for the Accountant General, Bihar.

2. It is submitted on behalf of the petitioner that during the pendency of the present writ petition and on the intervention of this Court, arrears of provisional pension to the

Patna High Court CWJC No.5951 of 2023(7) dt.30-01-2024 2/3 tune of Rs. 3,16,015/- has been paid to the petitioner. However, till date he has not been accorded his monthly final pension. It is further submitted that the petitioner has also received a letter bearing no. 10573 dated 20.12.2023 under the signature of District Education Officer (Establishment), directing him to submit the pension papers and documents to the office of the undersigned, as despite the date fixed by the Hon'ble Court, the petitioner failed to submit the same. In response thereto, the petitioner again sent the pension paper along with required documents through the registered post on 10.01.2024 to the office of DPO (Est.) Patna.

3. In view of the aforesaid facts, this Court directs the respondent no.7, the District Programme Officer (Establishment) Patna to issue the necessary sanction letter on the basis of the documents submitted by the petitioner and in case there is need of any further paper(s) or information, make proper communication to the petitioner to furnish the required documents, if any and must complete all the formalities, preferably within a period of six weeks.

4. Needless to observe that on receipt of the sanction letter by the office of the Accountant General, Bihar, the necessary authority letter shall be issued within a further period

Patna High Court CWJC No.5951 of 2023(7) dt.30-01-2024 3/3 of four weeks.

5. Accordingly, the present writ petition stands disposed of with the aforesaid direction.

(Harish Kumar, J) rohit/- U