Deo Narain Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11909 of 2021 ====================================================== Deo Narain Mandal Son of Late Dunni Lal Mandal (Retired Head Master) resident of Village- Basaha, Police Station- Pipra, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

2.

The Secretary, Department of Finance, Govt. of Bihar, Patna. 3.

The Accountant General, Accountant General Bhawan, Birchand Patel Path, Patna- 1.

4.

The Senior Treasury Officer,/ District Treasury Officer, District Treasury Office, Madhepura.

5.

The District Treasury Officer, Supaul.

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

For the Petitioner/s :

Mr. Yogendra Kumar, Advocate For the Respondent/s :

Mrs. Binita Singh, SC-28 :

Mr. Kumar Kamal Nayan, Advocate For the A.G., Bihar :

Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 09-10-2023 Heard Mr. Yogendra Kumar, learned counsel appearing on behalf of the petitioner, Mr. Binod Kumar Labh, learned counsel appearing on behalf of the Accountant General, Bihar and Mrs. Binita Singh, learned SC-28 appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner submits that the present writ petition has been filed for following reliefs:- "a. Mandamus commanding/directing the respondent authorities concern to refix/revised, pension

Patna High Court CWJC No.11909 of 2021 dt.09-10-2023 2/3 of the petitioner at Rs.32,935/- per month for which the petitioner is entitled to as per para-2 (v) of Resolution no.820 dated 23.09.2009 issued by the Finance Department, Government of Bihar, Patna under 6th C.P.C. with effect from 01.01.2007 b. A Mandamus commanding the respondent authorities to provide full pension to the petitioner instead of pro-rata reduction on the basis of 33 years of qualifying service.

c. Further, for commanding/directing the respondent- authorities concerned to consolidate authorized pension i.e. Rs.5671/- under 6th C.P.C. payable w.e.f. 01.04.2007 and pay the same to the petitioner in the light of various decision of this Hon'ble Court, as well as, Hon'ble Apex Court."

3. Learned counsel submits that the petitioner has filed his representation before the concerned sanctioning Authority that his payment may be sanctioned to him in accordance with Seventh Pay Revision.

4. Considering the submission made above, this writ petition is disposed of with the liberty to the petitioner that he shall file a detail representation before the concerned

Patna High Court CWJC No.11909 of 2021 dt.09-10-2023 3/3 Authority and in case the concerned Authority finds that the petitioner is entitled for the Seventh Pay Revision, then the same should be given to the petitioner within 6 weeks from the date of communication of this order.

(Purnendu Singh, J.) Ashishsingh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.10.2023 Transmission Date NA