Abdur Rahim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15738 of 2014 ======================================================

1. Abdur Rahim son of late Qurban Ali Resident of village - Pakki Talab, P.S. - Laheri, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar through Director of Health Services, Government of Bihar, Patna.

2. The Additional Chief Medical Officer, Biharsharif, Nalanda.

3. The District Extension Officer and Media Officer Nalanda.

4. The Accountant General Bihar Patna Office at Birchand Patel Marg, Patna.

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

For the Petitioner/s : Mr. Md. Khurshid Alam For the Respondent/s : Mr. Dr. Anshuman, SC-14 With Mr. Kuber Pathak, AC to SC-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2016 Heard learned counsel for the parties.

The grievance of the petitioner as raised in the present application is that his pensionable service ought to have been counted from the date of his appointment, i.e., 22.03.1972 instead of 22.02.1978.

A counter affidavit has been filed on behalf of the Respondents State of Bihar that the petitioner's pensionable service is to be counted with effect from 22.3.1972 and the grievance to the said extent has been redressed with the issuance of the revised authority slip on 18.12.2014. There is averment in paragraph 8 of the writ application that from April, 2014, pension of the petitioner

has been reduced by Rs. 1,000/- without any apparent reason. There is no averment in the counter affidavit dealing with the said statement in paragraph 8 of the writ application.

In the facts and circumstances of the case, I dispose of the writ application with a direction to the Civil Surgeon-cum-Chief Medical Officer, Nalanda to examine the circumstance in which the petitioner is being paid less pension by Rs. 1000/- as alleged in paragraph 8 of the writ application and communicate to the petitioner with the reason, therefor, within a period of one month from the date of receipt/production of a copy of this order. If in the opinion of the Civil Surgeon-cum-Chief Medical Officer, Nalanda, the grievance of the petitioner is genuine, he will take immediate remedial measures thereafter within a period of one months. This disposes of the application.

(Chakradhari Sharan Singh, J) ArunKumar/- U