Sanjay Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10923 of 2018 ====================================================== Sanjay Sinha son of Late Surya Narayan Prasad, resident of Mohalla Chitragupt Nagar, Near Shiv Mandir, Pokharia P.S. Begusarai DistrictBegusarai at Present resident of Mohalla- Chitragupt Nagar District Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of General Administration, Old Secretariat, Bihar, Patna.

3.

The District Magistrate, Khagaria.

4.

The Deputy Collector, District Establishment, Khagaria. 5.

The Circle Officer, Beldour Circle, Khagaria. 6.

The Accountant General, Birchand Patel Marg, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bharat Bhushan Mr. Abhay Kumar Singh No. 1 Mr. Siddrath Kumar Singh For the Respondent/s :

Mr.Md. N.H. Khan, SC-1 For the A.G.

: Mr. Rabindra Kumar Pridarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2019 The only issue involved in the present case is regarding grant of weightage to the petitioner herein in the matter of grant of pension as per Rule 74 of the Bihar Service Code, as amended vide Finance Department Memo No. PC-2-98/78/6190F, dated 27.04.1979, specially clause 8 thereof. The learned counsel for the respondents has filed a counter affidavit on behalf of the Under Secretary, G.A.D., Bihar, wherein an order dated 04.09.2019, has been annexed which has been passed by the Additional Chief Secretary, General Administration Department, Bihar, Patna, wherein it has

Patna High Court CWJC No.10923 of 2018(9) dt.16-09-2019 2/2 been decided to grant weightage in the pension as per the Finance Department Notification No. 6190 dated 27.04.1979. Having regard to the submissions made by the learned counsel for the parties, I deem it fit and proper to dispose off the writ petition with a direction to the respondents to grant the weightage in pension, as has been decided vide Finance Department Notification dated 27.04.1979, and accordingly, pay the arrears within a period of four weeks by revising the pension, failing which the respondent no. 2 shall not draw his salary.

(Mohit Kumar Shah, J) S.Sb/- U