Rajendra Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12678 of 2013 =========================================================== Rajendra Paswan S/O Late Rooplal Paswan Resident Of Village - Sagi, Post Office - Daulatpur, P.S. - Khodawandpur, District - Begusarai. .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary Revenue Department, Govt. Of Bihar, Patna

2. The Collector Begusarai, Dist - Begusarai

3. The Anchaladhikari Bhagwanpur, Anchal Bhagwanpur, P.S. - Bhagwanpur, District - Begusarai .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Singh, Adv. Mr. Krishna Pd. Singh, Adv.

For the Respondent/s : Mr. M.N.H. Khan, SC-01 Mr. Harun Quareshi Mr. Naushaduzzoha, AC to SC-01 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 30-09-2016 Heard learned counsel for the petitioner and counsel for the State.

Though learned counsel for the petitioner in his pleadings has nowhere stated that he has not been paid the minimum pension but, during argument, he has submitted that he has not been paid even the minimum pension.

From the records, it appears that the petitioner was appointed in the year 1993 and superannuated on 31.12.2010 i.e. for about 17 years the petitioner has discharged his duty in the State of Bihar but, he has been deprived of the pension. Though the petitioner

Patna High Court CWJC No.12678 of 2013 dt.30-09-2016 has claimed for the salary but, without any particular date appears to be without basis. That cannot be agitated after a lapse of such a long time.

Be that as it may, if the petitioner has not been paid any pension, he is directed to file a fresh representation to the Collector, Begusarai who will examine the case of the petitioner and if it is found that the petitioner is entitled for the pension, he will pass a reasoned order in accordance with law within a period of three months from the date of filing of the representation by the petitioner. It is made clear that if it is found that the petitioner is entitled for the pension, it goes without saying that he will be also entitled for the consequential benefit.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 5.10.2016 Transmission Date