Krishna Nandan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7935 of 2026 ====================================================== Krishna Nandan Chaudhary Son of Basudeo Chaudhary, Resident of Mohalla - Purani Bazar, Shukla Marg, Sita Market, P.S. - Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary-cum- Principal Secretary, Education Department, Govt. of Bihar, Patna. 2.

The Director (Administration)-cum- Additional Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Accountant General (A and E) Bihar Mahalekhakar Bhawan, Beer Chand Patel Marg, Patna - 800001.

4.

The Senior Treasury Officer, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukund Mohan Jha, Adv.

For the State :

Mr.Standing Counsel (07) Mr.Prem Ranjan Raj, AC to SC-7 For Accountant General :

Ms.Nivedita Nirvikar, Sr. Adv.

Mr.Amarshakti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner, learned counsel for the respondent-State and learned counsel for the Accountant General.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

(I) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities for issuance of modification pay slip after revision of pay scale Rs. 12000-16500 Grade Pay Rs. 8700 is clause 7(A)

2/4 (i)&(ii) and 7(B) Note-1 of Notification No. 630 dated 21.01.2010 issued by the Finance Department, Govt. of Bihar, Patna and in terms of clause-V of Memo no. 628 dated 30.07.2021 issued by the Director (Adm) -cum - Additional Secretary, Education Department, Bihar, Patna sent to the Accountant General, Bihar, Patna.

ii. For issuance of an appropriate writ in the nature mandamus to pay the arrears of pension after fixation the pay in terms of 7(A)(i)&(ii) and 7(B) Note-1 of the Notification No. 630 dated 21.01.2010 issued by Finance Department Govt. of Bihar till the actual date of payment with interest. iii. For issuance of an appropriate writ/ writs, order/orders, direction/ directions upon the respondents for the relief/ reliefs for which petitioner is entitled.

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner has already filed a representation before the Accountant General, Bihar, Patna on 12.04.2025 (AnnexureP/6) and the same continues to be pending. He further prays that an appropriate direction be issued to the Accountant General, Bihar, Patna to dispose of the pending representation of the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned senior counsel for the petitioner, learned counsel appearing for the respondent-State and for the Accountant General do not

3/4 have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the Accountant General, Bihar, Patna to dispose of the pending representation of the petitioner dated 12.04.2025 (Annexure-P/6) within three months from the date of receipt / production of a copy of this order, after giving an opportunity of hearing to the petitioner. The final decision shall be taken by the Accountant General, Bihar, Patna in light of Memo No. 628 dated 30.07.2021 (Annexure-P/2) wherein clause (v) states that officer who are getting the pay scale of Rs. 12,000-16,500/- in terms of notification 630 dated 21.01.2010 would be entitled for pay band-4, grade pay 8700/- from 01.01.2006 and for which modified slip will be issued.

7. Needless to emphasize that the final order which shall be passed by the Accountant General, Bihar, Patna should be a reasoned and speaking order. In case, the petitioner is found entitled to the relief, which the petitioner has claimed through the pending representation, the same shall be extended to the petitioner within a further period of one month from the date of passing of the final order by the Accountant General, Bihar, Patna.

4/4

8. With the aforesaid observation and direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kundan/- U