Sita Ram v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19896 of 2016 ====================================================== Sita Ram Son of Ram Kishun Ram Resident of Village- Habbupur, Post Office- Rajpur, Police Station- Rajpur, District- RohtasBihar. At Present residing at Mohalla- Rajeshwari Niwas, 18, Mother Teressa Marg, North SriKrishnapuri, Patna- 800013. Retired While working as Artist, Patna Secretariat, Directorate of Employment and Training, Employment Bihar, Patna.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 3.
The Principal Secretary, Directorate of Employment and TrainingEmployment Bihar, Patna.
4.
The Director, Directorate of Employment and Training, Employment Bihar, 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, Patna Secretariat, Sinchai Bhawan, Patna, District- Patna.
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.Raghwendra Kumar,SC-22 For the SBI :
Mr. Rakesh Kumar Singh For the A.G.
:
Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2019 The present writ petition has been filed seeking the following reliefs:- (i) For issuance of a writ in the nature of mandamus for commanding and directing the
2/4 respondent authorities concerned to revise the pension of the petitioner in terms of the revised pay scale of 2006 determined by the 6th pay revision commission, as he is retired Artist, Patna Secretariat, Directorate of Employment and Training, (Employment), Bihar, Patna, and is 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
3/4 pay, the same will not be less than 50% who has also retired prior to 01.01.2006.
(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 to dispose of the representation of the petitioner by reasoned and speaking order without any further delay by mitigating his genuine claim of revision of pension with effect from 01.01.2006."
The learned counsel for the petitioner seeks liberty to enable the petitioner to file appropriate representation regarding the aforesaid prayers made in the present writ petition before the Principal Secretary, Directorate of Employment and Training, (Employment) Bihar, Patna within a period of four weeks from today. Liberty so sought is granted.
It is needless to state that in case a representation is filed by the petitioner within a period of four weeks from today, the same shall be disposed off by the learned Principal Secretary, Directorate of Employment and Training, (Employment) Bihar, Patna within a period of six weeks
4/4 thereafter and in case any consequential benefit is found payable, the same shall be paid within a further period of six weeks thereupon.
The writ petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) ajay gupta/- U