Patna High CourtCWJC/309/2015disposed

Ramchandra Sahni v. The State Of Bihar And ORS

2015-02-09Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.309 of 2015 ====================================================== Ramchandra Sahni, son of late Banarsi Sahani, resident of village/ Mohalla Lal Darwaza, P.S. Kotwali, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar through Director Primary Education, Bihar, Patna

2. Accountant General, Bihar, Patna

3. District Magistrate, Munger

4. District Programme Officer, Munger

5. Treasury Officer, Munger .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh, Adv. For the Respondent/s : Mr. Mrigendra Kumar, AC to GA11 For Accountant General : Mr. Ranjan Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 09-02-2015 Heard learned counsel for the parties.

Having regard to the fact that all retirement benefit of the petitioner had already been made pursuant to an order of this Court dated 14.5.2010 in C.W.J.C.No. 8379/2010 as also recorded in the order dated 14.11.2011 in M.J.C.No. 184/2011, vide Annexures 1 and 3 respectively to this writ application, now grievance of the petitioner with regard to enhanced amount of gratuity in view of the Government decision making it applicable with effect from 1.1.2006, this Court would direct the respondents to examine the claim of payment of enhanced amount of gratuity strictly in accordance with the Government decision. If in course of such examination the petitioner is found to be entitled for any

Patna High Court CWJC No.309 of 2015 (3) dt.09-02-2015 further amount of gratuity as per the Government decision, the payment thereof should also be made to the petitioner within one month from the date of such decision to be taken by the respondents.

As with regard to the claim of grant of benefit of selection grade learned counsel for the Bank agrees that the matter is still subjudice before this Court in C.W.J.C.No. 19114/2012 and therefore, such a revision in the pensionary relief can only become admissible if the petitioner is found entitled and ultimately given the benefit of selection grade.

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

(Mihir Kumar Jha, J) surendra/- U