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Patna High CourtCWJC/3313/2018disposed

Ruamaini Devi v. The State Of Bihar And ORS

2018-11-28Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3313 of 2018 ====================================================== Ruamaini Devi W/o Late Tarni Ram Resident of Village - Parmanandpur, P.O. - Bhatrandah, P.S. - Chailarh, District - Madhepura. ... ... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna.

2. The Principal Secretary, Finance Department, Bihar, Patna.

3. The Accountant General, Bihar, Patna.

4. The Collector, Supaul.

5. District Programme Officer, Estb. Saharsa.

6. Regional Deputy Director of Education, Kosi, Saharsa.

7. Central Pension Processing Centre, State Bank of India, Judges Court Road, Patna.

8. Headmaster-cum-Drawing and Disbursing Officer, Chatapur, District - Supaul.

9. Treasury Officer, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mallika Mazumdar, Adv.

For the Respondent/s :

Mr. Ajay Kr.Rastogi, AAG1-0 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna as well as learned counsel for the respondent State Bank of India.

Petitioner in the present writ application prays for revision of pay and pension of her late husband Tarni Ram who retired from the post of Teacher in Lower Primary School,

Patna High Court CWJC No.3313 of 2018(2) dt.28-11-2018 2/3 Pratapganj w.e.f. 30.09.1996. It has been submitted that though vide Government Resolution Letter No. 660 F (2) dated 08.02.1999, the pay of the employees as per the 5th Pay Revision had to be revised w.e.f. 01.01.1996 and the benefit of pension ought to have been given w.e.f. 01.04.1997 the same has not been done in the case of the petitioner.

Learned counsel for the Accountant General has filed a counter affidavit stating therein that the matter is pending at the departmental level. Learned counsel for the respondent State Bank of India submits that as and when the pay and pension is revised the same shall be credited in the account of the petitioner.

Learned counsel for the State has filed its counter affidavit wherein at para-6 and 7, it has been stated that the District Programme Officer, Establishment, Supaul has been requested to fix the pay scale of the husband of the petitioner late Tarni Ram and matter is in progress for payment of revised pay w.e.f. 01.01.1996 and benefit of pension w.e.f. 01.04.1997.

Considering the submissions made by the State, this writ application is disposed of with direction to the respondent no. 4 to take necessary steps for payment of difference of salary

Patna High Court CWJC No.3313 of 2018(2) dt.28-11-2018 3/3 and pension as per the Government Resolution dated 08.02.1999 if admissible within a period of three months from the date of receipt/production of the copy of this order. (Nilu Agrawal, J) devendra/- U