Vidya Kumari Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3440 of 2018 ====================================================== Vidya Kumari Sinha, Wife of Sudhendra Kumar Sinha, Resident of VillageTeghra, P.S.- Haveli Kharagpur, District- Munger. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Primary Education, Government of Bihar, Patna.

3. The District Magistrate-cum-Collector, Munger.

4. The District Education Officer, Munger.

5. The Treasury Officer, Munger.

6. The Accountant General, Birchand Patel Path, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Respondent/s :

Mr. Madanjeet Kumar -Gp20 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-12-2018 Heard the learned counsel for the petitioner, learned counsel appearing on behalf of the State as well as learned counsel appearing for the Accountant General Bihar, Patna.

Petitioner retired from the post of Assistant Teacher from Middle School, Teghara, Haweli Kharagpur, Munger, w.e.f. 31.03.2004 and pension had been fixed @ Rs.4,075/- but the petitioner claims for revised pension as per the pay revision w.e.f. 01.01.2006.

A counter affidavit has been filed on behalf of the respondent no.4, the District Programme Officer (Establishment), Munger, stating therein that the pension as per the Resolution No.820 dated 23.09.2009 issued by the Joint

Patna High Court CWJC No.3440 of 2018(4) dt.07-12-2018 2/2 Secretary, Finance Department, Government of Bihar, Patna pension ought to have been revised from Rs.4,075/- to Rs.9211/- per month w.e.f. 01.01.2006 along with interest @ of 12%. It has been stated that the revision of pension has to be done at the end of Respondent no.5, the Treasury Officer. Munger, as all revision w.e.f. 01.01.2006 are being undertaken by the Treasury Officer or the Bank.

Considering the nature of prayer and the claim made by the petitioner this writ application is disposed of with a direction to the petitioner to file a representation regarding her claim before the respondent no.5, the Treasury Officer, Munger, which will be disposed of by the respondent no.5 within a period of two months from the date of filing of such representation. Any admissible revised pension will be paid to the petitioner within one month thereafter. Any inadmissible amount would be communicated to the petitioner by a speaking order through registered post.

(Nilu Agrawal, J) aks/- U