Ashok Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16094 of 2022 ====================================================== Ashok Kumar Rai S/o Late Deo Pujan Rai R/o- Village and P.O.- Kathoura, P.S.- Sikandarpur, District- Balia (U.P.), retired as In-charge HeadmasterCum-Assistant Teacher from the Halkhori Sah High School, Manjhi, Saran. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary-Cum-Director, Secondary Education Dept. Govt. of Bihar, Patna.

3.

The Accountant General (A and E), Birchand Patel Path, Patna, Bihar. 4.

The Regional Deputy Director of Education, Saran at Chapra. 5.

The District Magistrate, Saran at Chapra.

6.

The District Education Officer, Saran at Chapra. 7.

The District Programme Officer (Estb.) Saran at Chapra. 8.

The Head Master, Hakhori Sah High School, Manjhi, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary, Advocate.

For the State :

Mr. Madhukar Mishra, AC to SC-16.

For the A.G. Bihar :

Mrs. Ritika Rani, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 31-07-2023 Heard Mr. Shashi Shekhar Tiwary, learned counsel appearing on behalf of the petitioner; Mr. Madhukar Mishra, learned AC to SC-16 and Mrs. Ritika Rani, learned counsel for the Accountant General.

2. Learned counsel appearing on behalf of the petitioner submits that the grievance of the petitioner has been redressed, however due to reason best known to the District Programme Officer (Establishment), Saran at Chapra as well as

Patna High Court CWJC No.16094 of 2022 dt.31-07-2023 2/3 Treasury Officer, Saran at Chapra, the pension of the petitioner has been stopped from the month of March 2023 without any reason.

3. Considering the aforesaid information given by the learned counsel appearing on behalf of the petitioner, the District Programme Officer (Establishment) as well as Treasury Officer, Saran must ensure to credit the monthly pension of the petitioner in accordance with final pension determined by the Accountant General, Bihar every month subject to verification as to whether in any departmental proceeding, any order of recovery has been passed against the petitioner.

4. The petitioner, if so advised, may file a representation for grant of interest accrued for the period during which pension has not been paid to the petitioner i.e. March 2023 till July 2023, if the same has not been withheld in accordance with law.

5. The petitioner may take appropriate legal action against the District Programme Officer (Establishment), Saran at Chhapra as well as Treasury Officer, Saran, if they have acted illegally and have withheld pension without any reason.

6. It goes without saying that the Treasury Officer, Saran must verify the fact from the Manger of the Bank where

Patna High Court CWJC No.16094 of 2022 dt.31-07-2023 3/3 the pension account of the petitioner is lying.

7. The writ petition, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 01.08.2023 Transmission Date N.A.