Petitioner challenged incorrect re-fixation of pension due to clerical mistake. Court disposed of writ petition by granting liberty to file fresh representation before competent authority within eight weeks.
Writ petition disposed with liberty to file representation within eight weeks for appropriate order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 13230 of 2011
====================================================== Ramawtar Purvey S/O Late Turi Purvey R/O Vill./ Mohalla Shanti Nagar, P.O. Chutiya, P.S. Banka, Distt. Banka .... .... Petitioner Versus 1. The State of Bihar 2. Engineer - in - Chief, Water Resources Department, Government of Bihar, Patna 3. Chief Engineer, Water Resources Department, Bhagalpur 4. Superinte Engineer, Irrigation Department, Bhagalpur 5. Executive Engineer, Irrigation Division, Banka 6. Sub. Divisional Officer, Irrigation Department, Banka 7. Executive Engineer, Irrigation ( Mechanical) Division, Samastipur 8. Accounts Officer, Bhagalpur 9. Accounts Officer, Samastipur 10. Accountant General, Bihar, Patna .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Kumar Singh For the Respondent/s : Mr. Sharad Kr. Sinha, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 6. 04-04-2016 Heard learned counsel for the petitioner and Sri Sharad Kumar Sinha, learned Govt. Pleader – 15. In the present writ petition, the petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has made a prayer for directing the respondents for properly fixing his pay.
It has been claimed that the petitioner is entitled to get total pay of Rs. 19,456/-. A plea has been taken that though the petitioner retired in the year 2008, in 2010, due to some clerical
Patna High Court CWJC No.13230 of 2011 (6) dt.04-04-2016
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mistake, his pension was incorrectly re-fixed. Immediately thereafter, the petitioner filed a detailed representation before the Executive Engineer, Irrigation (Mechanical) Division, Samastipur. He submits that during the pendency of the writ petition, the said Division has been shifted as Sub-Divisional Irrigation Department, Banka. Accordingly, he makes a prayer for disposal of the present writ petition with liberty to file a detailed fresh representation before the competent authority.
In view of submission made by learned counsel for the petitioner, the Court proposes to dispose of the writ petition granting liberty to the petitioner to file a detailed representation before the competent authority. If such representation is filed within a period of eight weeks from today, the Court expects that the authority concerned may examine the same and pass appropriate order in accordance with law, preferably within a period of three months from the date of filing of such representation.
The writ petition stands disposed of.
(Rakesh Kumar, J.)
Anay
U
1 issue framed by the court
Whether the petitioner is entitled to direct fixation of his pension pay due to clerical mistake in re-fixation.
1 provisions across 1 enactments
Ramawtar Purvey
The State of Bihar
Engineer in Chief, Water Resources Department, Government of Bihar
Chief Engineer, Water Resources Department, Bhagalpur
Superinte Engineer, Irrigation Department, Bhagalpur
Executive Engineer, Irrigation Division, Banka
Rakesh Kumar
As recorded by the court registry
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