Raj Roshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17594 of 2022 ====================================================== Raj Roshan Yadav son of Late Kitarath Yadav, Resident of Village- Chauki Hasan, P.S. G.B. Nagar, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Accountant General, Bihar, Patna.

3.

The District Magistrate-cum-Collector, Siwan. 4.

The District Panchayati Raj Officer, Siwan.

5.

The Deputy Development Commissioner, Siwan.

6.

The District Treasury Officer, Siwan.

7.

The District Account Officer, Siwan.

8.

The Sub-Divisional Officer, Siwan.

9.

The Block Development Officer, Siwan Sadar, District -Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad, Adv.

For the State :

Mr. Rakesh Kumar Ranjan, AC to GA 5 ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 04-01-2024 Heard Mr. Naresh Prasad, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Kumar Ranjan, learned counsel for the State.

2. The petitioner, who superannuated on 31.01.2003 from the post of Panchayat Secretary in the office of the Block Development Officer, Siwan Sadar, has filed the present writ petition seeking a direction upon the respondents to ensure payment of revised pension from 01.04.2017 for which PPO No.

Patna High Court CWJC No.17594 of 2022 dt.04-01-2024 2/3 348831P1 has already been issued on 20.09.2019 itself.

3. A counter affidavit has been filed on behalf of the respondent No. 6. It is submitted that on receipt of authority letter dated 20.09.2019 from the office of the Accountant General, Bihar, Patna, the Senior Treasury Officer, Siwan vide letter No. 3767 dated 31.10.2019 sent the said revised authority to the Punjab National Bank, Siwan for payment to the petitioner. He next submitted that in compliance of the order of this Court dated 28.11.2023, the Senior Treasury Officer, Siwan has also called for a report regarding payment from the Punjab National Bank, Siwan vide letter dated 08.12.2023. In response to the aforesaid letter, the Punjab National Bank vide letter No. 1/2023 dated 14.12.2023 has informed as follows: (a) Revised DA is centrally run by Head Office, of the Bank.

(b) The Head Office has assured that petitioner's revised D.A. shall be credited in account from next month onwards.

(c) The petitioner's arrear as per revised authority amounting Rs. 5,16,086/- has been credited on dated 04.07.2023 and his monthly pension paid accordingly.

Patna High Court CWJC No.17594 of 2022 dt.04-01-2024 3/3 (d) Petitioners revised DA along with arrear would be reflected in his pension account from the next month.

4. In view of the aforesaid averments made in the counter affidavit and taking note of the fact that the petitioner's arrears as per revised authority amounting to Rs. 5,16,086/- has already been credited and his monthly pension is being paid accordingly.

5. The present writ petition is disposed of with a direction to the respondent authorities to stand on the undertaking given before this Court by ensuring payment of all the admissible dues.

6. It is needless to observe that failure to stand on the undertaking given before this Court by any authority, including the Punjab National Bank, Siwan, stringent action shall be taken, including imposition of heavy cost.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 05.01.2024 Transmission Date