Ganesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18554 of 2019 ====================================================== Ganesh Prasad Singh Son of Late Ram Ekbal Singh, Resident of Village and Post Office- Ekdanga, Police Station- Belchhi, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Govt. of Bihar, Patna. 3.

The District Education Officer, Jehanabad.

4.

The D.P.O. (Establishment), Jehanabad.

5.

The Principal Accountant General, Bihar, Patna. 6.

The Accountant General, (A and E) Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Kumar For the Respondent/s :

Mr.Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 18-08-2020 1.

The present writ petition has been filed for directing the respondents to re-fix the pension and issue fresh P.P.O. on the basis of last pay drawn/ average pay to the tune of Rs. 13,942/- instead of 13,136/-.

2.

The petitioner is stated to have retired while working on the post of Headmaster, Vimal High School, Shaistabad, District-Jehanabad on 31.07.2011, whereafter though the petitioner has been paid all the retiral dues but the same have been paid on the basis of lower pay scale. 3.

The learned counsel for the respondent-State, by

Patna High Court CWJC No.18554 of 2019 dt.18-08-2020 2/3 referring to the counter affidavit filed on behalf of the respondent no. 6 has submitted that though 90% provisional pension and 90% provisional gratuity was sanctioned vide letter dated 30.08.2013, however the balance amount to the tune of 10% pension and 10% gratuity have subsequently been sanctioned vide letter dated 02.08.2019. It is thus submitted that the full amount of pension and gratuity has already been paid to the petitioner. It is further submitted that the pension has also been revised as per the 7th Pay Revision Committee Report. The learned counsel for the respondent-State has further referred to the counter affidavit filed on behalf of the respondent no. 2 and has submitted that on 25.06.2020, the revised P.P.O. for payment of 100% pension and gratuity has also been issued and the same has been received by the office of the District Education Officer on 08.07.2020, whereafter the State Bank of India, Jehanabad has been directed to make payment of the balance amount, as aforesaid.

4.

At this juncture, the learned counsel for the petitioner has submitted that though the petitioner has received the retiral dues but no calculation chart has been furnished as far as the amount of gratuity and the arrears of 7th Pay Revision is concerned.

Patna High Court CWJC No.18554 of 2019 dt.18-08-2020 3/3 5.

Having regard to the facts and circumstances of the case, this Court finds that the admitted retiral dues of the petitioner have stood paid, however in case, if the petitioner is still having any grievance, he is granted liberty to approach the Principal Secretary, Education Department, Government of Bihar, Patna for redressal of his grievances by filing appropriate representation, which shall be considered the Ld. the Principal Secretary, Education Department, Government of Bihar, Patna and disposed of in accordance with law within a period of six weeks therefrom.

6.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.08.2020 Transmission Date NA