Surya Narayan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8525 of 2019 ====================================================== Surya Narayan Sharma, aged about 65 years, Son of Sri Biteshwar Sharma, Resident of Village and Post Office- Gangahara, Police Station- Sahpur, Block- Danapur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Govt of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The District Panchayat Officer, Patna.

4.

The District Accounts Officer, Patna.

5.

The Treasury Officer, Danapur, District- Patna. 6.

The Block Development Officer, Bikram, District- Patna. 7.

The Accountant General (A and E), Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Jitendra Kumar Roy, Advocate For the Respondent/s :

Mr Vijay Bharti, AC to SC III ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-05-2019 Matter has been listed today in the Summer Vacations as the learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May 2019, published prior to the vacation. Matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

Heard learned counsel for the petitioner and the

Patna High Court CWJC No.8525 of 2019(2) dt.29-05-2019 2/3 respondent-State.

Petitioner is a retired Panchayat Secretary. He has claimed certain benefits of the revised pay scale in terms of the Notification of the Finance Department No 755 dated 20.10.2017. Petitioner is also claiming refixation of his pension and pensionary benefits as the consequence of grant of the revised pay scale under the Finance Department Notification dated 20.10.217.

Short submission of the petitioner's counsel is that for the said benefit, petitioner has made an application (Annexure

3) before the Block Development Officer on 08.12.2018. It is also submitted that for the same relief, petitioner has also made an application (Annexure 2) to the District Magistrate, Patna on 29.10.2018.

Admissibility of the benefits claimed by the petitioner is to be examined by the authorities themselves. In the circumstances, it is agreed that keeping the instant proceedings pending would serve no useful purpose. This writ petition is, thus, disposed of with a direction to the respondent authorities to take appropriate steps in the matter to ensure the entitlement of the petitioner, as claimed is ascertained and grant him the benefits found admissible

Patna High Court CWJC No.8525 of 2019(2) dt.29-05-2019 3/3 including consequential benefits of the pensionary dues, if found admissible.

This Court would expect that since the petitioner is a retired person, the Authority should complete the entire process within a period of three months from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) M.E.H./- U