Kripa Sharan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19967 of 2016 ====================================================== Kripa Sharan Son of Late Dudhnath Singh, Resident of Village Post OfficeInai, Police Station- Ribilganj, District- Chapra Saran. At present residing at Mohalla- 38 Road No.1, Sri Krishna Nagar, Police Station- Budha Colony, Post office- Kidwaipuri, Patna-1, Retired while working as Artist, Exhibition Branch, Information and Public Relations Department, Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

Th Principal Secretary, Exhibition Branch, Information and Public Relations Department, Patna.

4.

The Director, Information and Public Relations Department, Patna. 5.

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

The Regional Manager, State Bank of India, Patna. 7.

The Branch Manager, State Bank of India, Krishna Nagar, Patna, DistrictPatna. 8.

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr. Madanjit Singh : Mr. Anil Kr. Singh For A.G. : Mr. Bindhyachal Rai For SBI : Mr. Rakesh Kr. Singh : Mr. Kaushlendra Kr. Sinha : Mr. Sunil Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2019 The petitioner has prayed for the following reliefs :- " i) For issuance of a writ in the nature of mandamus for commanding and directing the respondent authorities concerned to revise the pension of the petitioner in terms of the revised pay scale of 2006 as determined by the 6th pay revision commission, as he is retired Artist, Exhibition Branch, Information and Public Relations Department, Patna and is

Patna High Court CWJC No.19967 of 2016(9) dt.04-09-2019 2/3 entitled for revision of his pension on the basis of 6th pay revision commission with effect from 01.01.2006.

ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the arrears of pension along with statutory interest with effect from 01.01.2006 in terms of the 6th pay revision commission, for which the petitioner is entitled in terms of the Finance Department, Government of Bihar resolution no. 820 dated 23.09.2009 and also in terms of Gazette publication as contained in memo no. 384 dated 08.08.2012, whereby it has been made clear that the amount of revised pension of elementary pay and in total Grade pay, the same will not be less than 50%.

iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the claim of the petitioner and to dispose of the representation of the petitioner by reasoned and speaking order, by mitigating his genuine claim of revision of pension with effect from 01.01.2006."

The learned counsel for the petitioner submits that the petitioner would be approaching the respondent no. 3 for redressal of the aforesaid grievances by filing appropriate representation within a period of four weeks from today and the same be directed to be disposed off expeditiously. Having regard to the short submission made by the learned counsel for the petitioner, I deem it fit and proper to

Patna High Court CWJC No.19967 of 2016(9) dt.04-09-2019 3/3 grant liberty to the petitioner to approach the respondent no. 3 for redressal of the aforesaid grievances by filing appropriate representation within four weeks from today, whereupon the same shall be disposed off by the respondent no. 3 within eight weeks thereafter considering the resolution of the Finance Department dated 23.09.2009, as modified by resolution of the Finance Department dated 17.07.2018.

The present writ petition stands disposed off with the aforesaid directions. The outstanding dues, if any, found payable to the petitioner upon final decision taken by the State authorities, as aforesaid, shall be paid within a period of eight weeks from today.

(Mohit Kumar Shah, J) rinkee/- U