Disposed

Barhwa v. the State of Bihar and Ors.

Patna HC17 Oct 2014CWJC/14220/2011

Case brief

AI extract

What is this about?

In a writ petition seeking mandamus for revised pension and arrears, the court directed response by the State and Municipal Commissioner to pay the petitioner's benefits based on the revised scale, ensuring parity with other employees who retired similarly, while deferring the final pay scale resolution to an ongoing Division Bench case.

What did the court decide?

Directions issued to authorities to ensure payment of revised pension and other retired dues to the petitioner in the same manner as other retired employees.

Barhwa Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14220 of 2011

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======================================================

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Barhwa D/O Pahari R/O Mohalla Telbigha, Kali Asthan, P.S. Kotwali, Distt.-Gaya.

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.... .... Petitioner/s Versus 1. The State Of Bihar Through Its Secretary, Urban Development Deptt., Bihar, Patna. 2. The Municipal Commissioner, Gaya Municipal Corporation, Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Adv For the Respondent/s : Mr. M. D. Dwivedi SC23 For the G.M.C : Mr. R.K. Priyadarshi, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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3 17-10-2014 Heard learned counsel for the parties as with regard to the following relief prayed in this writ

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application:-

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“For issuance of appropriate writ in the nature of mandamus seeking direction to respondents to pay the pension on the basis of revised rate or scale and further to pay the difference of arrears of pension and other retrial dues on the basis of revised rate or scale as petitioner had retired from her service on 30.04.2007 and her entire post retrial dues has been calculated and paid on the basis of old scale.”

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Learned counsel for the petitioner has submitted

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that though the petitioner has been paid the arrears of pension and other retirement benefits on the basis of earlier pay fixed by the authorities but then in view of

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the implementation of the revised pay scale the

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Patna High Court CWJC No.14220 of 2011 (3) dt.17-10-2014

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petitioner would be entitled for also payment of revised pension and other retrial dues.

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Learned counsel for the Gaya Municipal Corporation on the other hand has submitted that the issue relating to revised pay scale and consequential retirement benefit is pending consideration before the Division Bench of this Court in L.P.A. No. 960 of 2007 and the payment of revised retirement benefits will be made in accordance with the judgment of the Division Bench in the aforementioned L.P.A No. 960 of 2007.

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That being so, this writ application is disposed of with a direction to the authorities to ensure that the revised retrial benefit to the petitioner is made in the same manner and in the same way as to the other retired employees of Gaya Municipal Corporation who had superannuated on 30.04.2007 and also in the light of the decision to be taken by the Division Bench in L.P.A No. 960 of 2007.

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(Mihir Kumar Jha, J)

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Ranjan/U

Barhwa v. the State of Bihar and Ors.

Case brief

What is this about?

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Barhwa v. the State of Bihar and Ors.

Case brief

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