Ganesh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6476 of 2017 ====================================================== Ganesh Prasad S/o Late Sheonandan Prasad R/o Mani Kunj, Mahabir Path, New Bengali Tola, P.S. - Jakkanpur, District-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Finance Department, Bihar, Patna 3.

The Principal Secretary, Water Resource Department, Govenment of Bihar, Patna 4.

The Accountant General AandE, Bihar, Mahalekhakar Bhawan, Birchand Patel Path, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Manisha Singh, Adv.

For the State :

Mr. Sanjay Prasad, AC to AAG-4 For Accountant General :

Mr. Vivekanand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-06-2023 Heard Mrs. Manisha Singh, learned counsel appearing on behalf of the petitioner, Mr. Sanjay Prasad, learned counsel appearing on behalf of the State and Mr. Vivekanand Kumar, learned counsel appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the petitioner informs this Court that the case of the petitioner is covered by the law laid down by the Apex Court in case of All Manipur Pensioners Association Vrs. State of Manipur & Ors. reported in 2020 (14) SCC 625 which has been followed by this Court in C.W.J.C. No. 10000/ 2017, Sitaram Singh Vrs. The State of Bihar & Ors.

Patna High Court CWJC No.6476 of 2017(14) dt.27-06-2023 2/2

3. Learned counsel submits that in light of the recommendation of 6th pay revision, the petitioner is entitled for full pension and other retiral dues as has been extended by the State Government to similarly situated employee.

4. Considering the aforesaid submission made on behalf of the petitioner, the petitioner, if so advised, may file a detailed representation along with all the documents in his support as well as the law settled by the Apex Court and this Hon'ble Court.

5. The Additional Chief Secretary, Finance Department, Government of Bihar must pass a reasoned order, considering the law laid down by the Apex Court and grant benefit in accordance with law, discussing the entitlement of the petitioner, after giving due opportunity of hearing to the petitioner to place his case either in person or through his representative within a period of six weeks from the date of filing of the representation.

6. Accordingly, the writ petition stands disposed of. (Purnendu Singh, J) pravinkumar/- U