The Bihar Pensioners Samaj Jila Shakha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21288 of 2013 ======================================================

1. The Bihar Pensioners Samaj Jila Shakha Bhagalpur Having Its Office Kachahari Campus, P.S- Adampur, District- Bhagalpur Throughi Ts Chairman Sri Umesh Chandra Chaudhary S/O Late Govind Prasad Chaudhary Resident Of Naya Bazar, Kasba Gola Ghat, Bhagalpur, P.S- Tatarpur, District- Bhagalpur.

2. Umesh Chandra Chaudhary S/O Late Govind Prasad Chaudhary Resident Of Naya Bazar, Kasba Gola Ghat, Bhagalpur, P.STatarpur, District- Bhagalpur.

3. Yogendra Prasad Rai S/O Late Prithvi Chandra Rai Resident Of Village- Narkatia, P.S- Bihpur, District- Bhagalpur. .. Petitioner/s

Versus

1. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna

2. The Principal Secretary, Finance Department, Govt. Of Bihar, Old Secretariat, Patna

3. The Secretary, Finance Department, Govt. Of Bihar, Old Secretariat, Patna.

4. The District Treasury Officer, Bhagalpur, Ditrict- Bhagalpur.

5. The District Accounts Officer, Bhagalpur, District- Bhagalpur.

6. The Accountant General ( A & E), Bihar Patna Having His Officer, Birchand Patel Marg, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Pravina Kumari, Advocate For the Respondent/s :

Mr. Raghuvendra Singh, Advocate For the Accountant General:

Mr. Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-10-2018 The Bihar Pensioners Samaj Zila Sakha is petitioner no.1.

Petitioner nos. 2 and 3 are the teachers who superannuated before 01.01.2006. Their grievance in the present writ application is that they are not getting the benefit of sixth PRC including the grade pay and pay band.

During the pendency of the writ application, the benefit of seventh PRC was extended to the teachers retired prior to 01.01.2006 but the benefit of sixth PRC has not been

Patna High Court CWJC No.21288 of 2013(7) dt.31-10-2018 2/2 extended till date.

Considering the aforesaid, the writ petition is disposed of with liberty to the petitioner to file representation addressed to the Secretary, Finance Department, Government of Bihar indicating therein their precise grievance with regard to nonpayment of benefit of sixth PRC including the grade pay and pay band. In case, such representation is filed by the petitioners alongwith a copy of this order within a period of one month from today, the Secretary, Finance is required to decide the claim of the petitioner and extend the benefit, if otherwise, the benefit is admissible to the teachers who retired before 1.1.2006. Necessary decision in this regard with consequential benefit may be taken by the Secretary, Finance within a maximum period of four weeks from the date of receipt/production of a copy this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U