Shankar Ram v. The Central Government Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6859 of 2018 ====================================================== Shankar Ram, Retired Sipahi/Cook 36 Battalion, Force No.841140071, Son of Late Subodh Karan Ram, Resident of At & P.O. Mokama Ghat, PIN CODE803303. ... ... Petitioner/s

Versus

1.

The Central Government of India.

2.

The Director General, Group Kendra Kendriya Reserve Police Force, Mokama Ghat, Patna, Bihar.

3.

The Director of Accounts PAO CRPF (MHA) Mahavir Nagar, Tilak Nagar New Delhi- 110018.

4.

The Pay and Account Officer, Central Pension Accounting Office, Ministry of Finance, Government of India Trikoot II, Bhikaji Cama Place, R.K. Puram New Delhi-110066.

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

For the Petitioner/s :

Mr.Krishna Kumar Tiwary For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2020 Heard Mr. K.K. Tiwary, the learned counsel for the petitioner and Mr. Awadhesh Kumar Pandey duly assistant by Mr. R.K. Sharma, the learned counsel appearing on behalf of the Union of India through video conferencing.

The petitioner in this writ petition seeks direction to the respondents to pay the benefit of 6th pay revision including the gratuity which was increased from Rs.3,50,000/- to Rs.10,00,000/-.

Mr. Awadhesh Kumar Pandey, the learned counsel appearing on behalf of the Union of India filed counter affidavit and submits that the entire retiral dues of the petitioner have already been paid to the petitioner. The petitioner has also filed rejoinder to the counter affidavit and stated in para 4 and 5 of the rejoinder to the counter affidavit that a fresh calculation was

Patna High Court CWJC No.6859 of 2018(5) dt.09-07-2020 2/2 made and it was found that still Rs.99,240/- was lying due and same was paid in the account of the petitioner on 26.06.2019. Mr. K.K. Tiwary, the learned counsel for the petitioner submits that the writ petition may be disposed of with a direction to the petitioner to file representation before the authority, if any amount is still lying due and on such the authority shall make fresh calculation and if any amount on any head of post retiral benefit is found not paid, the authority shall pay the same within three months from the date of filing of such representation.

Having considered the facts and submissions of both sides, I dispose of this writ petition with a direction to the petitioner to file a fresh representation before the competent authority who shall look into the matter and if necessary make fresh calculation. After fresh calculation, if any amount is found lying due, the same shall be paid to the petitioner. Accordingly, the writ petition stands disposed of. (Prabhat Kumar Jha, J) S.KUMAR/- U T