Brij Kishore Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17083 of 2018 ====================================================== Brij Kishore Tiwary Son of Late Indrashan Tiwary, Resident of Village and P.O. Barki Nainijor, P.S. Brahmpur Via Nainijor, District-Buxar. At Present resides in-By-Pass Road Baba Nagar, Near Sanichara Asthan, P.O. Buxar, P.S. Buxar Muffasil, District-Buxar ... Petitioner

Versus

1.

The State Of Bihar 2.

The Inspector General of Police, Patna.

3.

The Deputy Inspector General of Police, Patna. 4.

The Deputy Inspector General of Police, Sahabad Range, Dehri-on Sone District Rohtas.

5.

The Senior Superintendent of Police, Buxar.

6.

That Accountant, Police Office, Buxar.

7.

The Accountant General A and E, BIhar, Patna. 8.

The Accounts Officer, Finance Department, Ara, Bhojpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Shree Kant Pandey, Advocate For the Respondents :

Mr.Sheo Shankar Prasad- SC8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 08-06-2020 Heard counsel for the petitioner and the respondents.

This writ petition has been filed by the petitioner for issuance of a writ in the nature of Mandamus directing and commanding the respondent authorities to fix the pension of the petitioner, on the last pay-drawn by him at the time of retirement (28.02.2017) and pay the difference of all amounts on that scale (Rs. 5500-9000) and retired at the scale of RS. 24880.00, such as, gratuity, leave

Patna High Court CWJC No.17083 of 2018 dt.08-06-2020 2/3 encashment etc. which is paid on the basis of wrong fixation of pay and/or pass any appropriate order/orders. In paragraph 7 of the writ petition, he submits that he has also filed representation before the Superintendent of Police, Buxar on 2.5.2018 (annexure 3 to the writ petition) but the same has not been disposed of. It is also the prayer of the petitioner that his representation may be disposed of by the authorities in light of annexure 6, which is a letter dated 8.1.2015, issued under the signature of the Secretary (Finance) to the Accountant General (A & E), Bihar. Counter affidavit has been filed on behalf of respondent no. 5.

In view of the aforesaid facts and circumstances, the petitioner is directed to file a comprehensive representation before the respondent no. 5 within a period of three months from the date of receipt of this order. In the event such representation is filed, respondent no.5 would dispose of the same in light of Annexure-6 by speaking order within three months thereof.

It is made clear that if any admitted dues is found to be paid to the petitioner, the same shall be paid within the said period.

Patna High Court CWJC No.17083 of 2018 dt.08-06-2020 3/3 With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Singh, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 9.6.2020 Transmission Date