Raja Ram Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9997 of 2019 ====================================================== Raja Ram Tiwary, Son of Ramlagan Tiwari, Resident of Village and P.O.- Noneya, P.S. Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Human Resources Development Department (Now Education Department), Govt. of Bihar, Patna. 3.

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

The Director, Primary Education, Education Department, Govt. of Bihar, Patna 5.

The District Magistrate, East Champaran at Motihari. 6.

The District Education Officer, East Champaran at Motihari. 7.

The District Treasury Officer, East Champaran at Motihari. 8.

The Accountant General, Bihar, Veerchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Respondent/s :

Mr.Jitendra Kumar Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-06-2020 Heard learned counsel for the petitioner and the State as well as Accountant General.

The present writ application has been filed by the petitioner for a direction to the respondents to revise his pension and pay the difference of the same.

The petitioner superannuated on 29.02.2000.

Learned counsel for the petitioner submits that on the date of retirement, the basic salary of the petitioner was Rs. 6934.49 and in term of annexure-1, the petitioner was entitled to

Patna High Court CWJC No.9997 of 2019(3) dt.16-06-2020 2/3 grant of pension w.e.f. 01.01.2006 as Rs. 7850/-, the principle formulated by the respondents themselves. He further submits that the petitioner approached the respondents for redressal of his grievance, but no action was taken. He further submits that similarly circumstanced have approached this Court in C.W.J.C. No. 3079 of 2019, which was disposed of vide order dated 19.02.2019 with a direction to the respondents to consider the grievance of the petitioners.

Considering the fact that the petitioner retired in 2000. We are 2020 and the grievance of the petitioner relates to revision of pension and payment of difference of post-retiral dues on account of revision in pension, the writ petition is disposed of with a direction to the respondent District Education Officer, East Champaran at Motihari to issue necessary order for revision of pension and thereafter necessary authority slip may be issued by the office of the Accountant General. Entire exercise in this regard may be completed by respondent nos.6 and 8 at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order.

In the event, there is delay in payment of dues to the petitioner, the entire arrears will carry interest at the rate of 9%

Patna High Court CWJC No.9997 of 2019(3) dt.16-06-2020 3/3 per annum from the date of filing of writ petition i.e. 01.05.2019 till the date of actual payment.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U