Rama Shankar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5352 of 2015 ====================================================== Rama Shankar Paswan, Son of Late Bhola Paswan, Resident of villageKulhadiya, P.O. Kulhadiya, P.S. Buxar Muffasil, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Director General of Police Govt. of Bihar, Patna.

2. The Secretary, Department of Home Special Govt. of Bihar, Patna.

3. The Secretary, Department of Finance, Govt. of Bihar.

4. The District Magistrate, Buxar.

5. The Superintendent of Police, Buxar.

6. The Sub- Divisional Police Officer, Buxar.

7. The Accountant General, Bihar, Patna.

8. The Account Officer, Arrah.

9. The Sub- Divisional Officer, Buxar.

10. The Circle Officer, Buxar.

11. The Officer-in- Charge, Muffasil Thana, Buxar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate.

For the Respondent/s :

Mr. Nasim Yahya- GP13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 29-06-2015 Having regard to the fact that the pension papers and the service book of the petitioner, upon verification, have been recently sent to the office of the Accountant General only on 21.04.2015, as is clearly asserted in paragraph-9 of the counter affidavit filed on behalf of the Circle Officer, Buxar, this Court, instead of keeping this writ application pending, would direct the Accountant General (respondent no. 7) to ensure that the order of authorization of pension, gratuity and commutation must be issued within a period of one month from the date of receipt of a copy of this order and if there is any reason for non issuance of

Patna High Court CWJC No.5352 of 2015 (3) dt.29-06-2015 2/2 such authorization order, the same also must be communicated to both the controlling authority of the petitioner as also to the petitioner.

2. It goes without saying that if such an authorization order is issued, the payment of pension and other retirement benefit to the petitioner shall be paid by the Treasury Officer and/or concerned authority within maximum period of one month from the date of receipt of such order and if there is any problem in doing so, the reason thereof will be communicated to the petitioner within the same period.

3. As with regard to the grievance of the petitioner for non-payment of arrears of the Pay Revision, the same cannot be agitated in this writ application as it is not a retirement benefit. The petitioner, therefore, will have liberty to approach the appropriate authority/forum/court for redressal of the aforesaid grievance.

4. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U