Kedar Nath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11869 of 2018 ====================================================== Kedar Nath Singh Son of Late Prayag Narayan Singh, resident of 64, Daulatpur, Kumhra, Sahri, Karkain Patna, Bihar, Pin- 811104, Presently residing at Shanti Vihar Apartment, Veer Basawan Singh Nagar, P.S.- Rupaspur, District- Patna.

... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Government of Bihar, Patna. 2.

Principal Secretary, Department of Agriculture, Government of Bihar, Patna. 3.

Accountant General, office of Accountant General A and E, Bihar, Patna. 4.

Treasury Officer, District Treasury Branch, Bihar Shariff, Nalanda. 5.

Chief Manager, Punjab National Bank, C.P.P.C., R. Block, Chanakya Place, Patna- 800001.

6.

Branch Manager, Punjab National Bank, Sarmera Branch, Sarmera, Nalanda.

7.

Joint Director (Plant Protection), Nalanda, Bihar Sharif. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Awadhesh Kumar Pandey, Adv.

For the State :

Ms. Smriti Singh, AC to AAG-10 For the A.G. Mr. Kumar Priya Ranjan (AC) For the Bank Mr. Kumar Priya Ranjan (SC) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner has filed the instant application praying for a direction to the respondent authorities to take steps for making the payment of revised pension as per the recommendation of the 6th Pay Revision Commission with effect from 01.01.2006, for making payment of arrears of Rs. 2,56,542/- due to non-payment of the revised pension as per the

2/4 recommendation of the 6th Pay Revision Commission with effect from 01.01.2006 and for other reliefs.

As per the case of the petitioner, he retired on 31.12.1999 from the post of Plant Protection Inspector under the Department of Agriculture, Government of Bihar. Despite the directions contained in memo dated 23.09.2009 issued by the Finance Department, Government of Bihar and the correspondence of the Treasury Officer, District Treasury Branch, Nalanda, Biharsharif the monetary benefits of revised pension was not paid to the petitioner.

A number of counter affidavits were filed on behalf of the different respondents. As per counter affidavit filed on behalf of the Joint Director (Plant Protection) Nalanda, Biharsharif who was added as respondent no. 7 in the instant application, it is stated that the respondent no. 7 vide his letter dated 15.11.2018 requested the Accounts Officer, A.G., Bihar to send the updated PPO and service book of the petitioner so that the pension of the petitioner could be revised in view of the recommendation of the 7th Pay Commission. It is further stated that the requisite, documents and information were sent to the Accountant General, Bihar on 17.12.2018 for necessary action for the purpose of revision of pension of the petitioner. It is

3/4 finally stated that the grievance of the petitioner has been redressed.

It is submitted by learned counsel appearing for the petitioner that in spite of taking adjournments for taking further instructions with respect to payment of the petitioner, as a result of the Covid-19 pandemic, learned counsel could not get in touch with the petitioner. As such, it is prayed that the instant writ application may be disposed of with liberty to the petitioner to file a representation before the respondent authority concerned for payment of any amount, if it so remains. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the Court is of the opinion that no useful purpose is going to be served by keeping this application pending.

The writ application is disposed of with liberty to the petitioner that in case any of the admitted amounts still remain to be paid to the petitioner, he may file a representation before the respondent no. 7 who shall make payment of the due amount, if any, to the petitioner within a period of four months of filing of such a representation. In case, the amount requested for is not found payable to the petitioner, the respondent no.

4/4 petitioner within the aforesaid period.

The writ application stands disposed of.

(Partha Sarthy, J) shahzad/- U