Rajendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11853 of 2021 ====================================================== Rajendra Jha Son of Late Anant Jha, Resident of Village-Begampur, P.O.- Bara, Via-Rosera, P.S.-Khodawandpur, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

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

3.

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

The Accountant General (A and G), Bihar, Patna. 5.

The District Education Officer, Samastipur, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate.

For the Respondent/s :

Ms. Binita Singh (SC-28) For the A.G.

:

Ms. Ritika Rani, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-11-2022 Heard Mr. Dhirendra Kumar, learned counsel for the petitioner, Ms. Ritika Rani, learned counsel for the Accountant General, Bihar and Ms. Binita Singh, learned SC-28 for the State.

The present writ application has been filed seeking a direction upon the concerned respondent authorities to revise the pension of the petitioner by increasing it 3.07 times form 01.01.2006 as per the guidelines and the different orders of the Apex Court passed in I.A. No. 01 & 05/2009 and I.A. No. 339/2015 in WP (c) no. 1022/1989.

At the outset, learned counsel for the petitioner fairly

Patna High Court CWJC No.11853 of 2021(3) dt.22-11-2022 2/3 submits that for ventilating his grievance, a representation has been filed before the Principal Secretary, Finance Department, Government of Bihar on 30.01.2020, however, till date no order has been passed.

On the other hand, learned counsel for the State and the Accountant General submits that the writ application may be disposed of with a direction to the concerned respondent to consider the claim of the petitioner.

In view of the submissions and the prayer made on behalf of the learned counsel for the petitioner, the present writ application stands disposed of with a direction to the petitioner to file a fresh representation before the Principal Secretary, Finance Department, Government of Bihar, Patna along with the materials/ judgement /order in support of his claim. If such a represent is filed within a period of four weeks, the respondent no. 3 shall consider and dispose of the same by a reasoned and speaking order preferably within a period of further eight weeks. It is needless to say that if the claim of the petitioner finds favour, necessary order shall be passed within the aforesaid period.

At this juncture, learned counsel for the petitioner submits that during the pendency of the writ application, the

Patna High Court CWJC No.11853 of 2021(3) dt.22-11-2022 3/3 sole petitioner died and as such, he seeks liberty that the legal heirs of the petitioner may approach the authority for redressal of the grievance.

The aforesaid liberty is granted to the legal heirs of the sole petitioner.

(Harish Kumar, J) shakir/- U