Arjun Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14852 of 2014 ====================================================== Arjun Singh son of Late Dharmdeo Singh resident of Lakshmipur, Andor Dhala, near West of Panki Tanki, Police Station Siwan Town, P.O. and District - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Engineer, Irrigation Department, Purnea 3.

The Superintending Engineer, Baraj Anchal, Koshi Project, Birpur ( Supaul ) 4.

The Executive Engineer Investigation and Research Division, Birpur 5.

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

The Manager, Bank of India, Rajendra Path, Siwan 7.

The General Manager, Regional office, Bank of India, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Bhushan Verma For the Respondent/s :

Mr. GA-12 AJAY For the Respondent A.G. :

Mr. Braj Nandan Kr. Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 19-09-2017 Heard counsel for the parties.

Since the Executive Engineer, Investigation and Research Division, Birpur, has nor bothered to respond to the letters written by the Accountant General and when it is evident from even the affidavit of the State filed on behalf of respondent Nos. 2, 3 and 4 that the last pay drawn by the petitioner was Rs.2450.00 on the date of his superannuation on 31.03.1997, neither the Accountant General nor the State have been able to satisfactorily explain as to why the pension has been fixed as Rs.1208.00 which is not half of the last pay drawn which is Rs.2450.00. A retiree of 1997 is fighting for such correction and

Patna High Court CWJC No.14852 of 2014(6) dt.19-09-2017 2/2 almost two decades have gone past.

In view of the same, the Executive Engineer, Investigation and Research Division, Birpur, respondent No.4, will not draw his salary till he clarifies and recommends necessary correction in the actual pension of the petitioner by communicating to the Accountant General.

He will start drawing his salary only from the date necessary authorization is authorized by the Accountant General with necessary correction.

If the respondent No.4 draws his salary without the leave of this Court then he will be in contempt. This order has been necessitated because of lack of proper cooperation and assistance on his behalf.

Writ application is disposed of in terms of the above direction.

(Ajay Kumar Tripathi, J) Pawan/- U