Jay Narayan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23236 of 2018 =================================================== Jai Narayan Tiwari, son of late Kanti Tiwari, resident of Mohalla Purani Gudari, Naya Bazar,Ward No. 9, P.O. & P.S. Bettiah, District West Champaran ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Principal Secretary to the Government, Water Resources Department, Bihar, Patna.

3. The Principal Secretary to the Government, Department of Finance, Bihar, Patna.

4. The Accountant General, Bihar, Patna.

5 The Executive Engineer, Sone High Level Canal Division, Aurangabad. ... ... Respondent/s =================================================== Appearance:

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Respondent/s :

Mr. Harish Kumar, GP 8 =================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-08-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conference.

2. The present writ petition has been filed "for issuance of writ in the nature of mandamus or any other appropriate writ/writs directing the respondent to pay pension of the petitioner in terms and condition decided vide letter no. 38/37/08P and PW(A), Government of India, Ministry of Personnel, P.C. and Pension, Department of Pension and Pensioner Welfare dated 06.04.2016 and the arrears of difference of amount since the date of the petitioner's retirement on 31.07.2004 and further for payment of the difference amount since the date of retirement on

Patna High Court CWJC No.23236 of 2018 dt.21-08-2020 2/3 31.07.2004 after revising the pension in the light of the letter dated 06.04.2016 as mentioned above with interest and/or pass such other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case."

3. Having regard to the nature of grievance of the petitioner, this Court is of the view that without going into the detailed merits of the matter, it will suffice at this stage if the petitioner is granted liberty to approach the Principal Secretary to the Government, Water Resources Department, Bihar, Patna (Respondent No. 2) with a fresh representation for redressal of his grievances, furnishing therewith his mobile number and email ID. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of on its own merits in accordance with law after grant of an opportunity of hearing to the petitioner ensuring payment to the extent found due to the petitioner, within a period of eight weeks from the date of receiving the petitioner's representation. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

4. It is also made clear that in view of the ongoing Covid-19 pandemic, any correspondence between the parties may be made through email and that the concerned authority shall be at liberty to hear the petitioner through video conference.

Patna High Court CWJC No.23236 of 2018 dt.21-08-2020 3/3

5. The writ petition stands disposed of with the aforesaid directions.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE - Uploading Date 24.08.2020 Transmission Date -