Krishna Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11431 of 2019 ====================================================== Krishna Mohan Jha Son of Late Nokhe Lal Jha Resident of Shandilya Anandpuri Colony, Sadar Block Road, P.O- Hazaribagh, P.S.- Sadar, DistrictHazaribagh (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Forest and Environment Department, Government of Bihar, Patna.

2.

The Deputy Secretary, Forest and Environment Department, Government of Bihar, Patna.

3.

The Accountant General (A and E) Bihar, Birchand Patel Marg, Patna. 4.

The Senior Account Officer, The office of the Accountant General, Birchand Patel Marg, Patna.

5.

The Treasury Officer, P.O., P.S. and District - Hazaribagh (Jharkhand) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Respondent/s :

Mr.Gajendra Prasad Yadav (Sc17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as Accountant General.

Petitioner is aggrieved by the arbitrary determination of revised pension.

Learned counsel for the petitioner submits that petitioner was entitled to revised pension on the pay scale of 10.000-15,200/- instead of 6500-10,500.

Patna High Court CWJC No.11431 of 2019(2) dt.17-06-2020 2/3 Learned counsel for the petitioner refers to counter affidavit of Accountant General where it has been stated that such correction is within the domain of the Administrative Department. The office of the Accountant General has already issued letter on 6.6.2019 vide Annexure-1. In the instant case no counter affidavit has been filed on behalf of the State.

Considering the fact that petitioner superannuated on 31.1.1996 and the present application relates to revision of pension in sixth pay commission, the writ petition is disposed of with a direction to the respondent Principal Secretary, Forest Department, Govt. of Bihar to appropriately decide the claim of the petitioner for revision of his pension in the light of information received by the petitioner under Right to Information Act with regard to his entitlement of pension under sixth pay commission. Final decision in this regard may be taken by the respondent-Principal Secretary, if not already taken within a maximum period of three months, failing which, the petitioner shall be entitled to payment of interest at the rate of 9% from the date of implementation of sixth pay commission till the date of actual payment.

Patna High Court CWJC No.11431 of 2019(2) dt.17-06-2020 3/3 With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U