Upendra Narain Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12773 of 2014 =========================================================== Upendra Narain Sinha son of Late Ram Narain Sinha, resident of Mohalla - Gopalganj ( Near old RMS ) P.O. Sasaram, Police Station - Sasaram, District - Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary Education Department, Government of Bihar, Patna

3. The Director ( Secondary Education ), Bihar, Patna

4. The Regional Deputy Director of Education, Patna

5. The District Magistrate, Rohtas, Sasaram

6. The District Education Officer, Rohtas at Sasaram

7. The District Programme Officer, ( Establishment ) Rohtas at Sasaram

8. The Treasury officer, Rohtas at Sasaram

9. The District Provident Fund Officer, Rohtas at Sasaram

10. The Accountant General, Bihar, Patna

11. Awadh Bihari Singh, Establishment Clerk, officer of District Education officer, Rohtas at Sasaram

12. Raj Narayan Singh, Establishment Clerk, officer of District Education officer, Bhojpur .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar, Advocate Mr. Pranav Kumar, Advocate For the State : Mr. Manisha Singh, AC to GP 7 For Accountant General : Mr. Satyendra Kumar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 02-08-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar,

Patna High Court CWJC No.12773 of 2014 dt.02-08-2017 Patna.

2.

It is submitted by the learned counsel for the petitioner that during the pendency of the writ petition, payments under the heads gratuity, leave encashment and group insurance have already been made. He has submitted that the petitioner has also received payment of pension, but it is being paid in old scale. After reconstructing the service book of the petitioner and fixing pay in terms of 6th pay revision, it has already been sent to the District Account Officer, Rohtas on 19.05.2017 for its verification so that it may be sent to the Accountant General, Bihar for issuance of revised authorization. It is further contended that the petitioner has received payment of GPF for most of the period. However, the payment for the period from 1981-82 to 1982-83, December 1995 to 1996-97, August 2000 to September 2002 and of the year 2006-07 have not been made for want of deduction statements.

3.

Learned counsel for the State has submitted that sincere steps are being taken to redress the grievance of the petitioner. However, the delay in payment was caused, as the service book of the petitioner had been lost. The respondents have already reconstructed the service book and paid most of the retiral dues of the petitioner.

4.

Considering the submissions made above, the writ

Patna High Court CWJC No.12773 of 2014 dt.02-08-2017 petition is disposed of with a direction to the respondents to pay pension to the petitioner in the revised scale and arrears on account of difference of pension within a period of two months from today. The respondent shall also ensure that the deductions made in the GPF be paid to the petitioner without any delay, preferably within a period of three months from today.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.08.2017 Transmission Date NA