Dinesh Prasad, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 25701 of 2019 ====================================================== Dinesh Prasad, aged about 66 years, Gender-Male, Son of Late Mahadev Mahto, resident of Village- Mahual Mahal, Ward No. 16, Hasanpur, P.S.- N.H. Nagar, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna.

2.

The Chief Engineer, Mechanical Water Resources Department, 70/84, New Punai Chak, Patna.

3.

The Superintending Engineer, Irrigation Mechanical Circle, Gaya, camp at Dehri-on-Sone, District- Rohtas.

4.

The Executive Engineer, Irrigation Mechanical Division, Dehri-on-Sone, District- Rohtas.

5.

The Accountant General, Bihar, Birchand Patel Path, Patna. 6.

The Treasury Officer, Siwan.

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

For the Petitioner/s :

Mr. Ajay Kumar and Mr. Vishwanath Ram, Advocates For the State :

Mr. Harish Kumar, GP 8 For the Accountant General :

Mr. Prabhat Ranjan and Mr. Shivam, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-01-2020 Heard learned counsel for the petitioner; learned GP 18 for the State and learned counsel for the Accountant General.

2. The petitioner has moved the Court for the following reliefs:

"(i) For a direction on the respondents to pay the arrears of the pension, D.C.R.-Gratuity & leave-encashment of the petitioner accruing from the benefit of the 3rd MACP, which has been sanctioned on 28.08.2014 by the respondent Chief

Patna High Court CWJC No.25701 of 2019 dt.06-01-2020 2/3 Engineer w.e.f. 1.1.09 thereupon, on 29.9.14 the respondent Executive Engineer has submitted the pension papers of the same for the necessary action, but arrears thereof has not been paid to petitioner so far, petitioner has lastly requested for this on 10.05.19.

(ii). For a further direction on the respondent Accountant General (A. & E.), Bihar, Patna to revise the pension of the petitioner pursuant to the resolution dated 20.10.17 of the Finance Department for which the petitioner has requested the respondent authority on 10.5.19 (Annexure1/1).

(iii). For a further direction on the respondents to pay the cost against causing physical, mental & financial harassments to the petitioner."

3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to represent before the State authorities as well as the Accountant General in the matter, who may be directed to act upon the same.

4. Learned counsel for the respondents do not oppose.

5. In view thereof, the writ application stands disposed off with liberty to the petitioner to file detailed representation before the State authorities as well as the Accountant General. If the same is filed within four weeks from today before the respondents no. 2 and 5, they shall look into the matter and get it verified from the records and pass detailed order, in accordance with law, within six weeks from the date of filing of such representation. If any payment is required to be made, the same

Patna High Court CWJC No.25701 of 2019 dt.06-01-2020 3/3 shall also be paid to the petitioner within four weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T