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Patna High CourtCWJC/5449/2017disposed

Jagganath Jha v. The State Of Bihar And ORS

2020-07-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5449 of 2017 ====================================================== Jagganath Jha S/o Late Chitradhar Jha, resident of Village- Balia, P.O.- Balia, P.S.- Basnahi, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Programme Officer, Saharsa, District- Saharsa. 3.

The Branch Manager, State Bank of India, Saharsa, Main Branch, DistrictSaharsa. 4.

The Chief Manager, Centralized Pension Proceeding Centre, Administrative Office Building, 4th Floor 5.

The Treasury Officer, District- Saharsa.

6.

The Accountant General Aand E- II, Bihar, Veer Chand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar Jha, Advocate For the State :

Mr.S.C. Mishra SC-16 For A.G.Bihar :

Mr. Raghwanand, Advocate For the Bank :

Mr. Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and the respondents.

The case has chequered history. The petitioner superannuated on 1.2.1997. Earlier the petitioner had filed CWJC No. 9377 of 1995 with a grievance to grant of I.A. and B.A. trained scale with effect from 1.1.1972, B.A. trained scale w.e.f. 1.1.1981 and also promotion as Headmaster w.e.f. 1.2.1981. On 29.1.1997 the writ petition was disposed of with a direction to the respondents to consider the case of the petitioner for grant of promotion. On non-compliance of the order of the writ court the petitioner filed MJC No. 85 of 1998. The contention of the petitioner is that the petitioner was granted I.A. trained scale with effect from 1.3.1981, B.A. trained scale w.e.f. 1.4.1982 and Head Master scale with effect

Patna High Court CWJC No.5449 of 2017(9) dt.02-07-2020 2/2 from 1.4.1983 and on 4.12.2000 and the petitioner was granted pay scale of Rs. 7500-12000 with effect from 1.4.1983. Learned counsel for the petitioner submits that the respondents have paid certain amount but they have not granted the benefit of Annexures 3 and 4 i.e. arrears of salary and consequential revision of pension and monetary benefits thereof. Counsel appearing on behalf of the respondents would submits that the petitioner has been paid all of his legitimate dues.

Considering the stand of the parties, the writ petition is disposed of with direction to the respondent No. 2, District Programme Officer, Saharsa to examine the claim of the petitioner as to his entitlement in the light of Annexures 3 and 4 and ensure payment of all legally admissible dues to the petitioner, if not already paid, within a maximum period of four months from the date of receipt/production of a copy of this order with a detailed calculation chart.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U