Dr. Devendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24195 of 2018 ====================================================== Dr. Devendra Kumar Sharma, Son of late Dashrath Prasad Sharma Resident of Village- Ghariyari Chak, Police Station and P.O. Mehsi, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary Home Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The District Magistrate, East Chamapran at Motihari. 5.

The Superintendent of Police, East Champaran at Motihari. 6.

The Civil Surgeon, East Champaran at Motihari. 7.

The Hospital Incharge Police Hospital, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Respondent/s :

Md.Nadim Seraj, G.P.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-06-2020 Heard counsel for the petitioner and counsel for the State.

The petitioner has raised his grievance that although he has received the amount of gratuity and group insurance, but has been deprived of GPF and leave encashment and further raised his grievance that he has superannuated from service on 30.11.2017, but his pay and pension have not been fixed as per recommendation of 7th Pay Revision Commission Report and made a request that direction may be given to the appropriate authority for payment of the aforesaid retiral dues including

Patna High Court CWJC No.24195 of 2018(2) dt.15-06-2020 2/2 revision of his pay as per 7th Pay Revision Commission Report and payment of the arrear of salary including the fixation of pension and payment. He has further raised his grievance that till date his pension has not been fixed.

Counsel for the State submits that as he was posted in the District Police Hospital, Motihari, as such, his parent department is Health Department and the payment of the petitioner under any head is used to be paid on the basis of pay slip issued by the Finance Department.

In such view of the matter, the Principal Secretary, Health Department and the Principal Secretary, Finance Department are directed to make payment of GPF, leave encashment including the revision of his pay and fixation of pension as per 7th Pay Revision Commission Report and make payment of arrear of pension, within a period of four months from the date of receipt/production of a copy of this order. This petition stands disposed of.

(Shivaji Pandey, J) V.K.Pandey/- U