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Patna High CourtCWJC/6820/2023disposed

Suresh Prasad Verma v. The State Of Bihar

2023-08-17Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6820 of 2023 ====================================================== Suresh Prasad Verma Son of Late Suraj Prasad, Resident of House No.-12, Road No.-21, Rajeev Nagar, Phulwari Sharif, Keshari Nagar, Patna, Bihar, 800024.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Finance Department, Government of Bihar.

2.

The Principal Secretary, Finance Department (Pension and Pension Welfare Wing), Government of Bihar.

3.

The Principal Secretary, General Administrative Department, Government of Bihar, Old Secretariat, Patna.

4.

The Accountant General, Bihar at Patna.

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

For the Petitioner/s :

Mr.Shakti Suman Kumar, Advocate For the AG :

Mr.Binod Kumar Labh, Advocate For the Respondent/s :

Ms.Anuradha Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 17-08-2023 Heard Mr. Shakti Suman Kumar, learned counsel appearing on behalf of the petitioner; Mr. Binod Kumar Labh, learned counsel for the Accountant General (Bihar) and Ms. Anuradha Singh, learned counsel for the State.

2. Learned counsel appearing on behalf of the petitioner informs this Court that all the retiral dues payable to the petitioner in accordance with law have been paid. Petitioner is now aggrieved only for non-payment of pension at the enhanced rate of 20 % w.e.f. 07.10.2022.

Patna High Court CWJC No.6820 of 2023 dt.17-08-2023 2/3

3. Learned counsel appearing on behalf of the State submits that in light of resolution no.755 dated 20.10.2017 issued by the Finance Department , Government of Bihar, the petitioner is entitled for 20% additional benefit after completion of 80 years of age as well as after attaining the age of 85 years, he is also entitled of 30% additional benefit. Accordingly, the Accountant General (Bihar) has been communicated by the sanctioning authority to enhance pension of the petitioner in accordance with the aforesaid circular of the State Government.

4. Learned counsel appearing on behalf of the Accountant General (Bihar) submits that the office of the Accountant General (Bihar) has admitted the fact that the petitioner is entitled for extra benefit of 20 % once he attains the age of 80 years in accordance with resolution of the State Government contained in letter no.755 dated 20.10.2017 and a communication has been made to the Treasury Officer, Patna for releasing 20% extra pension to the petitioner.

5. Considering the submissions made by the rival parties as well as communication made by the Accountant General (Bihar) through letter dated 11.05.2023 to the Treasury Officer, Vikas Bhawan, Patna, the Treasury Officer, Vikas Bhawan, Patna is directed to forthwith release extra 20% pension to the petitioner

Patna High Court CWJC No.6820 of 2023 dt.17-08-2023 3/3 within a period of one week from the date of passing of this order. In case, the Treasury Officer, Vikas Bhawan, Patna fails to abide by this order, the petitioner is at liberty to take appropriate action against the Treasury Officer, Vikas Bhawan, Patna.

6. With the above observation/direction, the present petition is disposed of.

(Purnendu Singh, J) chn/- AFR/NAFR CAV DATE Uploading Date 17.8.2023 Transmission Date