Sabhapati Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1564 of 2023 ====================================================== Sabhapati Singh Son of Late Lutan Singh @ Nuran Singh, Resident of Village- Chandinama, P.O.- Kashichak, P.S.- Kashichak, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resources, Govt. of Bihar, Patna.

2.

The Director, Secondary Education, Department of Human Resources, Govt. of Bihar, Patna.

3.

The District Magistrate, Nawada.

4.

The District Education Officer, Nawada.

5.

The District Programme Officer (Estb), Nawada. 6.

The Accountant General (A and E), Bihar, Beerchand Patel Path, Patna. 7.

The Branch Manager, State Bank of India, Warisaliganj Branch, Warisaliganj, District- Nawada.

8.

The Head Master, Ramphal Singh High School, Shahpur, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan Prasad, Advocate.

For the State :

Mr. Shankar Kumar Thakur, AC to GP-27.

For the A.G.

:

Mr. Raj Nandan Prasad, Advocate.

Mr. Vishesh Kumar Singh, Advocate.

For the S.B.I.

:

Mr. Rakesh Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-07-2023 Heard Mr. Rajesh Ranjan Prasad, learned counsel appearing on behalf of the petitioner; Mr. Shankar Kumar Thakur, learned AC to GP-27; Mr. Raj Nandan Prasad, learned counsel along with Mr. Vishesh Kumar Singh, learned counsel for the Accountant General and Mr. Rakesh Kumar Singh, Learned counsel for the State Bank of India.

2. Petitioner is aggrieved by the fresh P.P.O.

Patna High Court CWJC No.1564 of 2023 dt.11-07-2023 2/3 (Annexure-1) issued by the Accountant General allegedly on the basis of certain discrepancies having been found by the Controlling Officer of the petitioner allegedly that excess payment has been made to the petitioner on account of pensionary benefit. The petitioner had retired on 29.02.2004 and accordingly pension of the petitioner was fixed. It was detected after sometime in the year 2013 that the petitioner is entitled for pension at an enhanced rate. Accordingly, the controlling officer of the petitioner had sanctioned the revised pension and the Accountant General issued fresh authority and difference of pension was paid from 01.03.2004 considering the date of retirement of the petitioner on 29.02.2004. Petitioner is aggrieved that he must be paid difference of pension on account of enhanced pension as fixed by the Accountant General contained in Annexure-1.

3. The petitioner under above circumstances seeks to file a detailed representation before the Director, Secondary Education, Government of Bihar to issue fresh sanction order in light of the suggestion of the Accountant General, Bihar.

4. Considering the prayer of the petitioner, the petitioner, if so advised, may file a detailed representation before the Director, Secondary Education, Government of Bihar

Patna High Court CWJC No.1564 of 2023 dt.11-07-2023 3/3 who will direct the District Programme Officer, Establishment, Nawada to ensure that arrears on account of enhanced pension admissible to the petitioner be sanctioned and credited into the account of the petitioner in light of Annexure-1 issued by the office of the Accountant General within a period of six weeks from the date of representation.

5. In case of failure, the concerned authority not abiding the order of this Court will face legal consequences.

6. Accordingly, the writ petition stands disposed of. (Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.07.2023 Transmission Date N.A.