Uma Nath Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10753 of 2019 ====================================================== Uma Nath Sharma, Son of Late Sewnandan Sharma Retired Assistant Teacher Government Basic School Chhapra (Gudari) At Saran, resident of VillageTekniwas, post- Kachnar Block and police Station- Rivilganj, District- Saran at present Mohallah- Shiv Bazar ( Pragati Nagar) West of Jail, Post and Police Station- Bhagwan Bazar, Distict- Saran, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Ground floor, New Secretariat, Vikash Bhawan, Patna, Bihar. 2.
The Director Primary Education Ground floor, New Secretariat, Vikash Bhawan, Patna, Bihar.
3.
The Regional Deputy Director Saran, Bihar.
4.
The District Magistrate Saran.
5.
The District Education Officer Saran.
6.
The District Programme Officer Saran.
7.
The Head Master Government Basic School Chapra (Gudari), DistrictSaran at Chapra. 8.
The Accounts General (Accounts and Entitlement) Mahalekhar Bhawan Birchand Patel Marg R. Block, Patna.
9.
The Deputy Accountants General (Accounts and VLC) Mahalekhar Bhawan, Birchand Patel Marg, R. Block, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13, Advocate For the State :
Mr.Madanjeet Kumar (GP-20) For the Acct. General :
Mr. Lala Purushottam Kr. Rajgrihar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and the State as well as the Accountant General.
The petitioner retired on attaining the age of superannuation on 29.02.2008.
On behalf of the Accountant General an affidavit has been filed stating therein that so far revision of pension is
Patna High Court CWJC No.10753 of 2019(4) dt.17-06-2020 2/3 concerned, the office of the Accountant General has sent letter to the District Programme Officer (Establishment), Saran at Chapra to examine the claim of the petitioner for revision of pension. It appears that due to non-completion of formality at the level of the District Programme Officer (Establishment), Saran further revision in pension has not been carried out. Considering the fact that the petitioner has retired and pension is statutory right, the writ petition is disposed of with direction to the District Programme Officer (Establishment), Saran to take immediate step for revision of pension of the petitioner as the petitioner retired on 29.2.2008.
The benefit of pay revision including 7th pay revision is available to pensioner and as such the respondent- District Programme Officer (Establishment), Saran is required to complete all the formalities at the earliest so that the petitioner may receive monetary benefit of revision of pension as per 7th PRC within a period of two months from today and thereafter the office of the Accountant General is required to complete the other formalities within a further period of one month. In the event of delay the petitioner would be entitled to interest at the rate of 9% which shall be realised from the erring respondents who is responsible for causing delay.
Patna High Court CWJC No.10753 of 2019(4) dt.17-06-2020 3/3 With the aforesaid, the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) spandey/- U