Patna High CourtCWJC/9887/2015disposed

Surendra Kumar Singh v. The State Of Bihar And ORS

2017-05-22Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9887 of 2015 =========================================================== Surendra Kumar Singh, Son of Late Jamuna Prasad, Retired Addl. Account Officer, Rural Development Department (Gramin Vikas Bibhag), Patna Secretariat, Bihar, Patna P.P.O. No. 271981, Residing at Gauri Yamuna Bhawan, Sri Krishna Vihar Colony, Beur, P.O. + P.S.- Beur, District- Patna-800002. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Rural Development Department, Bihar, Patna.

2. The Deputy Secretary, Rural Development Department Bihar, Patna.

3. The Deputy Secretary, Individual (Personal) Claim Redressal Section (Koshang), Finance Department, Bihar, Patna.

4. The Senior Account Officer, Office of the Accountant General, (A&E) Bihar, Patna.

5. The Accountant General, Office of the Accountant General Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-05-2017 Heard learned counsel for the petitioner. Nobody appears on behalf of the State or the Accountant General, Bihar.

2. The petitioner had moved the Court being aggrieved by wrong fixation of his pension. According to the petitioner, he has been promoted on the post of Additional Account Officer and pay for such post has not been taken into account while fixing pension and other retirement benefits. In the counter affidavit filed on behalf of the respondents no. 1 and 2, it transpires that just 18 days prior to his superannuation, the petitioner has been promoted to

Patna High Court CWJC No.9887 of 2015 dt.22-05-2017 2/2 such post and since the law requires that the average of last 10 months of pay has to be taken into account for fixing pension, the authorities have done the same. Further, in the counter affidavit, stand has been taken that in view of there being revision of pay, the State authorities have already sent sanction to the Accountant General for issuance of revised pension.

3. In view of the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 4 to ensure that the sanction of revised pension by the State, as has been forwarded to him, be acted upon expeditiously and latest within two weeks from the date of receipt/production of a copy of the order before him.

4. Upon the same being issued, the petitioner shall be paid the consequential benefits within four weeks thereof. To facilitate the matter, learned counsel for the petitioner shall serve a copy of the order on the respondent no. 3 along with the revised pension order to be issued by the Accountant General, Bihar. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U