Quomarul Hoda Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7117 of 2015 =========================================================== Quomarul Hoda Khan, son of Late Mortaja Khan, Resident of village and P.O. Olahanpur, P.S. Marhuara, District- Saran at Chapra. .... .... Petitioner

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

2. The Inspector General of Police, Darbhanga Range, Darbhanga.

3. The Deputy Inspector General of Police, Darbhanga Range, Darbhanga.

4. The Superintendent of Police, Darbhanga.

5. The Accountant General, Bihar, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Singh, Advocate For the State : Mr. Yogesh Kumar, AC to SC 9 For Accountant General : Mr. Prabhat Ranjan, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 22-08-2016 Heard parties.

Petitioner's grievance is that he had retired on 30.6.2003 but, thereafter, revision of pension has been done in terms of the 6th Pay Revision but the same has not been paid to him. The State respondents have filed counter affidavit appending Annexure B which is a letter written to the Superintendent of Police, Darbhanga to the Treasury Officer, Muzaffarpur intimating him that the concerned Treasury / Bank would be responsible for such revision of pension in view of the letter of Accountant General dated 8.6.2011 referred therein.

Patna High Court CWJC No.7117 of 2015 dt.22-08-2016 2/2 Learned counsel for the Accountant General has produced another letter dated 23.6.2015. However, that discloses that with respect to the persons who have retired from 1.1.2006, the revision of pension has to be done by the concerned Treasury Officer or the Bank. Whereas, the petitioner has produced other letter of the State Government to impress upon the Court that the same has to be done by the Accountant General.

In above view of the matter, this writ application is being disposed of with a direction to the Accountant General to take a decision in consultation with the Director General of Police, Bihar as to which authority would be competent to take a decision regarding revision of pension so that the final admissible amount and arrears of revised pension and revised pension could be paid to the petitioner within three months from the date of receipt / production of a copy of this order.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.08.2016 Transmission Date NA