Arjun Kumar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19700 of 2016 ====================================================== Arjun Kumar Sharma Son of late Ashrfi Kumar Sharma Resident of Village Brhampur, P.S. Bhagwan Bazar, District SaranChapra. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary cum Home Secretary, Government of Bihar, Patna 2.

The Director General of Police, Bihar, Patna. 3.

The Director General Welfare Bihar, Patna.

4.

The Inspector General of Police Saran Range, Chapra. 5.

The Deputy Inspector General of Police Saran Range, Chapra. 6.

The Superintendent of Police, Saran at Chapara. 7.

The Accountant General , Bihar, Patna.

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

For the Petitioner/s :

Mr.Mithilesh Kumar Rai For the A.G. Bihar :

Mr. Satyendra Kumar Jha For the State :

Mr. Shailesh Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2019 The present writ petition has been filed for directing the respondents to calculate the salary of the petitioner properly on account of his promotions and to fix the pensionary benefits accordingly.

The learned counsel for the petitioner submits that the respondents are deflecting the matter of the petitioner from one official to another and not dealing with the case of the petitioner as is required to be dealt with inasmuch as though it has been stated that the Superintendent of Police, Saran has got no

Patna High Court CWJC No.19700 of 2016(5) dt.13-11-2019 2/3 instructions from the higher authorities, a bare perusal of the counter affidavit filed on behalf of the respondent nos. 2 and 3 would show that the petitioner was promoted as Sub-Inspector of Police after the effect of major punishment had stood nullified and accordingly, necessary instructions have also been given by the police headquarters vide memo dated 29.1.2019, hence, the Superintendent of Police, Saran is required to calculate the aforesaid differential of salary and pension and accordingly, ensure payment of the same.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the Superintendent of Police, Saran by filing a detailed representation regarding his claim so as to show that he is entitled for revision of salary, despite major punishment having been inflicted upon him and accordingly, revision of pension is required to be carried out and in case such a representation is filed within a period of four weeks from today, the Superintendent of Police, Saran shall dispose of the same by passing a reasoned order, in accordance with law, within a period of six weeks, thereafter and in case, any payment is required to be made, the same shall be paid thereupon, within a period of six weeks.

Patna High Court CWJC No.19700 of 2016(5) dt.13-11-2019 3/3 The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U