Vivekanand Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15709 of 2021 ====================================================== Vivekanand Thakur S/o Kanti Prasad Thakur, R/o 25/Ward No. -03, Gorimal Near Mission Hospital, Godda, Godda, Godda Poreyahat, Godda, Jharkhand814133. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

The Finance Commissioner, Patna, Bihar.

3.

The Accountant General, Bihar, Patna.

4.

Principal Secretary, Food and Civil Supply Department, Bihar, Patna. 5.

The Commissioner, Saran, Chapra.

6.

Collector, Saran, Chapra.

7.

Treasury Officer, Saran, Chapra.

8.

Account Officer, Saran, Chapra.

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

For the Petitioner/s :

Mr. Mallika Mazumdar, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (AAG-5) For the A.G.

:

Mr. B. K. Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General through virtual mode.

Counsel for the petitioner submits that the present writ application has been filed primary for two reliefs, the first is that petitioner's service has wrongly been calculated as 20 years 10 months & 17 days or 21 years instead of 22 years 8 months & 6 days and secondly for increment for intervening period (retrenched period) from 11.06.1992 to 14.03.1998 which was

Patna High Court CWJC No.15709 of 2021(2) dt.13-01-2023 2/3 treated as regularized in the light of order passed by Hon'ble Court in CWJC No.20780 of 2010, according to which the notional increment was allowed during the intervening period. Counter affidavit has been filed by the State as well as by the Accountant General. It has been admitted in the counter by respondent no.6 vide Annexure-A that petitioner's service period is 22 years 8 months & 4 days as mentioned by the petitioner and, therefore, a corrected order has been passed, in which the grievance of petitioner have been settled. So far as the second part is concerned, counsel for the State submits that the State has accepted the relief as demanded by the petitioner and in this regard a letter (Annexure-C) has been issued to the petitioner, so that revision of his pension may be made, for which an application has to be sent from the petitioner's side either visiting in the office or to the office through Whatsapp even for the revised scale.

In the light of averments made by the counsels, it transpires that the grievances of petitioner as raised in the writ application has already been resolved and as such, the present writ application has been disposed off with a direction to the respondent that they shall assure the payment to the petitioner in his account and shall provide the calculation chart of the said

Patna High Court CWJC No.15709 of 2021(2) dt.13-01-2023 3/3 amount according to their admission in the counter affidavit within 4 weeks from the date, on which, the petitioner shall send the required document either through Whatsapp or physical mode. The petitioner shall also be at liberty to file his fresh representation, if found that there are any discrepancy in the paid amount as per the acceptance of respondents in the counter affidavit.

With this direction, the writ application is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U