Lakhan Lal Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2333 of 2017 ====================================================== Lakhan Lal Singh, Son of Late Baidyanath Singh, Resident of VillagePunaha, P.O.- Peshaur, P.S. Bihar, District Nalanda. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Secretary, Education Department, Govt. of Bihar, Patna.
3. The District Education Officer, Nalanda.
4. The District Programme Officer (Establishment) Nalanda, District- Nalanda.
5. The Accountant General, Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr. Pankaj Kumark, Advocate For the State :
Mr. Kameshwar Kumar, -17 Mr. S.K. Ranjan, AC to GP-17 For the Accountant General: Mr. L.P.K. Rajgirihar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-11-2018 Learned counsel for the petitioner is permitted to implead the Accountant General, Bihar, Patna as party Respondent No. 5 and serve copy of the petition and the counter affidavit upon Mr. L.P.K. Rajgirihar, learned counsel for the Accountant General.
In the present writ application, prayer has been made for granting benefit of grade pay in pursuance to the recommendation of 6th Pay Revision Commission including the arrears of difference of pension within a stipulated period. The petitioner is an Assistant Teacher, who joined on 09.02.1956 in Sri Khederan Middle School, Nepura and after attaining the age of superannuation, the petitioner retired from
Patna High Court CWJC No.2333 of 2017(2) dt.29-11-2018 2/3 service on 31.01.1996 from Upgraded Middle School, Masiyan, District - Nalanda. The recommendation of the 6th Pay Revision Commission has been accepted by the State of Bihar but the pension of the petitioner has not been revised after grant of grade pay as per recommendation of the 6th Pay Revision Commission. It is further submitted that the petitioner made several representations for the redressal of his grievance before the authority concerned and lastly on 30.10.2016 but the pension of the petitioner has not been revised as per recommendation of the 6th Pay Revision Commission. Hence, the present writ application.
A counter affidavit has been filed on behalf of Respondent No. 4, District Programme Officer (Establishment), Nalanda taking specific stand in paragraph No. 5 of the counter affidavit that the relevant documents relating to the revision of pension of the petitioner have been transmitted to the office of the Accountant General, Bihar, Patna and now authority has to be made at the end of the Accountant General. Moreover, necessary intimation in that regard has also been sent to the Treasury Officer, Nalanda and Punjab National Bank, Rahui Branch.
In view of the above stand of the respondent no. 4,
Patna High Court CWJC No.2333 of 2017(2) dt.29-11-2018 3/3 District Programme Officer (Establishment), Nalanda, the learned counsel appearing for the Accountant General submits that he has communicated the matter to the authorities concerned for taking needful action for redressal of the petitioner's grievance within a stipulated time frame. In view of the above mentioned stand of the learned counsel for the respondents particularly when there is no dispute with regard to grant of pay band by virtue of recommendation of 6th Pay Revision Commission including arrears of difference of pension, it is expected from them to see that the payment of grade pay in pursuance to recommendation of 6th Pay Revision Commission including the arrears of difference of pension by virtue of revision of pension within a period of six weeks from the receipt/production of a copy of the order. Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) DKS/- U