Fazal Imam Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10264 of 2015 =========================================================== Fazal Imam Khan, son of Late Abdus Subhan, Resident of village and P.O. Sonowali, P.S. Mashrakh, District Saran at Chapra, presently reiding at Mohalla Bhagwanpur, P.S. Muzaffarpur Sadar, District Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna

2. The Director (Administration), Education Department, Government of Bihar, Patna

3. The District Education Officer, West Champaran at Bettiah, District West Champarant at Bettiah

4. The District Programme Officer (Establishment), West Champaran at Bettiah, District West Champaran at Bettah

5. The Treasury Officer, West Chamapran at Bettiah, District West Champaran at Bettiah

6. The Accountant General, Bihar, Patna 7.

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. GA7-S.P.SINGH =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-07-2015 Heard the parties.

The grievance of the petitioner is that he has retired on 31.3.1995 from the post of Deputy Superintendent of Education, West Champaran, Bettiah but the benefit of revision of 5th and 6th pay revision in terms of resolution of the Finance Department, Government of Bihar dated 23.9.2009 (Annexure 3) has not been given to the petitioner till date. He claims to have filed a representation before the respondent no. 3, the District Education Officer, West Champaran, Bettiah, a copy of which has been

Patna High Court CWJC No.10264 of 2015 dt.20-07-2015 2/2 appended as Annexure 4, but no step has been taken by him In above view of the matter, this writ application is being disposed of with a liberty to the petitioner to approach the respondent no. 3, District Education Officer, West Champaran, Bettiah, by filing a representation for redressal of his grievance along with a copy of this order. On such representation having been filed, let him take a decision in accordance with law within a period of six weeks. If he also comes to the conclusion that the petitioner should be granted benefit of 5th and 6th pay revision in terms of Annexure 3 then immediate step should be taken for issuing sanction order and forwarding it along with the service book to the Accountant General, Bihar. The office of the Accountant General, Bihar should also issue authority slip in accordance with law within a further period of four weeks.

However, it is further made clear that in case the petitioner's claim does not find favour of respondent no. 3 then he should record reasons and pass a speaking order. (Dr. Ravi Ranjan, J) Spd/- U