Nirbhay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2595 of 2021 ====================================================== Nirbhay Kumar Mishra son of Late Abhay Nandan Mishra resident of Mohalla- Kamal Nagar Colony, Mirjanhat, P.O.- Mirjanhat, P.S.- Mojahidpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna 2.

The District Magistrate Bhagalpur 3.

The Circle Officer Gopalpur, District- Bhagalpur 4.

The Accountant General (A and E) Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Jha, Advocate For the Respondent/s :

Mr. Anil Kumar Singh, GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-11-2021 Petitioner's counsel submitted that petitioner has taken away the file, in the result, he is not appearing.

2. In the instant case, petitioner has prayed for following reliefs:

"I. To direct the respondents to fix the pension of the petitioner after correcting the pay scale in correct pay scale i.e. in Rs. 33,000/- as on 1.7.2017 which has not been done and wrongly and illegally after fixed the pay scale in the old pay scale i.e. 22,400/- as on 1.7.2017, he has been granted pension at the rate of Rs. 11,200/- in place of 16,500/- w.e.f. 1.1.2018 since he has superannuated from the service on 31.12.2017 to the post of Revenue Karmchari which putting the petitioner in great loss and difficult to survive.

Patna High Court CWJC No.2595 of 2021 dt.24-11-2021 2/3 II. To direct the respondents to grant the petitioner, his due Time Bond Promotion which has not been paid to him in proper scale and thereafter revised the entire pay scale and after proper fixation of the same, pay the arrears of pension and other pensionary benefits after deducting what has already been paid.

III. That the Honb'le Court may be pleased to grant any other relief or reliefs to the petitioners as this Hon'ble Court may thinks it proper in the present facts and circumstances of this case."

3. Learned counsel for the respondents pointed out from Annexure- 3 and 4 to the counter affidavit that the petitioner's relief sought in the present case has been considered and rejected. Perusal of Annexure-3 and 4 dated 23.06.2021, it is evident that communications are not speaking as the same do not reveal service particulars of the petitioner read with fixation of the pay in respect of particular post/posts.

4. The concerned respondent is hereby directed to take note of the petitioner's grievance and pass a fresh speaking order with reference to his service particulars read with relevant revised pay-scale/post notification or order. The above exercise shall be completed within a period of three months from the date of receipt of copy of this order. Such

Patna High Court CWJC No.2595 of 2021 dt.24-11-2021 3/3 communications shall be made to the petitioner at the earliest.

5. Accordingly, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 30.11.2021 Transmission Date