Thakur Rameshwar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5243 of 2017 ====================================================== Thakur Rameshwar Singh, Son of Late Ramashish Singh, Resident of Gandhi Nagar, Behind Kali Mandir, Kanti Factory Road, Kankarbagh, P.S.- Agam Kuan, District- Patna. ... ... Petitioner.
Versus
1.
The State of Bihar.
2.
The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.
The Director Agriculture, Agriculture Department, Govt. of Bihar, Patna. 4.
The Chief General Manager, State Bank of India, Local Head Office, Gandhi Maidan, Patna.
5.
The Assistant General Manager, S.B.I., Centralized Pension Processing Cell, Administrative Office, 4th Floor, J.C. Road, Patna. 6.
The Chief Manager, State Bank of India, N.M.C.H. Branch, Patna. 7.
The Accountant General A and E II, Bihar, Patna. ... ... Respondents.
====================================================== Appearance :
For the Petitioner :
Mr. Santosh Kumar, Advocate.
For the State : Mr. Dhurjati Kumar Prasad, GP-14. For the respondent nos.5 & 6 : Mr. Rakesh Kumar Singh, Advocate. For the Accountant General : Dr. Anand Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 18-05-2020 This case has been posted before me for hearing through video- conferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic. The petitioner, by way of filing this writ application, has approached this Court for the following reliefs:-
Patna High Court CWJC No.5243 of 2017 dt.18-05-2020 2/3 (I) For issuance of writ in nature of mandamus or any other appropriate writ, order or direction commanding respondents to pay correct pension payment (Rs.14,500/- in place of Rs.13,606/- getting) as per Govt. guidelines in favour of the petitioner.
(II) For issuance of an order, direction or writ in the nature of mandamus directing the respondents to revise the pension of the petitioner and to pay the arrear of pension amount Rs.2,14,467/- up to December, 2016.
(III) For issuance of an order, direction or writ in the nature of mandamus directing the respondents to pay the interest on the arrear amount to be paid since enhancement of pension to the petitioners.
(IV) Any other relief/reliefs may be granted in favour of the petitioner for which he is found entitled to in the facts and circumstances of the case.
Having heard the parties, this Court is of the considered opinion that the nature of the dispute is such that it would warrant an adjudication by the respondent authorities. Hence, I grant a liberty to the petitioner to approach before the respondent no. 2the Principal Secretary, Finance Department, Government of Bihar, Patna by filing an appropriate representation, stating out his claim as also annexing relevant judgments in his support, as he may deem fit and proper, within a period of four weeks from today, whereupon the respondent no.2 shall pass a reasoned and speaking order within a period of 12 weeks
Patna High Court CWJC No.5243 of 2017 dt.18-05-2020 3/3 thereafter.
It goes without saying that respondent no.2 will be solely responsible for non-compliance of the order passed by this Court within time, as aforesaid.
With the aforesaid observation and direction, this writ application stands disposed of.
(Anjani Kumar Sharan, J.) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.05.2020 Transmission Date NA