Ram Bilash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17611 of 2021 ====================================================== Ram Bilash Singh Son of Late Ramgovind Singh, resident of Munshi Tola Sherghati, P.S.-Sherghati, Dist-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Director Primary Education, Govt. of Bihar, Patna.

2.

The District Magistrate, Gaya.

3.

The District Officer, Gaya.

4.

The Accountant General, Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Respondent/s :

Mr. Lalit Kishore, (Ag) For the A.G.

:

Mrs. Ritika Rani, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-01-2023 Learned counsel for the petitioner, counsel for the State and counsel for the A.G. present through virtual mode. Counter affidavit on behalf of the A.G has been filed. Counsel for the State seeks time to file counter affidavit.

Counsel for the petitioner submits that petitioner of the present case is 81 years of age. He submits that the present writ petition has been filed with limited prayer to direct the authority to make payment of benefits granting 7th pay revision and also to pay arrear of pay revision alongwith enhancement of 20 % pension after completion of 80 years of age w.e.f. 06.03.2021.

Counsel for the petitioner submits that petitioner is getting regular pension and by the resolution of Finance

Patna High Court CWJC No.17611 of 2021(2) dt.20-01-2023 2/2 Department Resolution No. 755 dated 20.10.2017, government has taken decision to provide benefits of 7th pay revision to the employees as like that of petitioner. Counsel also submits that due to completion of 80 years of age w.e.f. 06.03.2021, petitioner is entitled for enhancement of his pension by 20 %. Counsel submits that he is entitled for revision of his pension w.e.f. 01.04.2017 and there as such, he also become entitled to get arrear of such pension.

Counsel for the A.G. submits that for the relief(s) demanded by the petitioner, a request has been made to the Treasury Officer, Gaya at the level of Accountant General and Department vide Memo No. 1609 dated 03.11.2021 and Memo No. 1612 dated 03.11.2021 respectively.

In this view of the matter, this writ petition is disposed off directing the Treasury Officer, Gaya as well as the Director, Primary Education to look into this matter and assure the payment of the petitioner as demanded above within 6 weeks from the date of communication of this order alongwith fresh representation. If payment shall not be made within the said period, the concerned officials shall be entitled to pay 9 % interest and the State is at liberty to realize the same from the concerned hearing officials.

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