In a writ petition regarding pension arrears and career promotion, the Patna High Court disposed of the application observing that the state's supplementary counter affidavit with annexures substantially redressed the petitioner's grievance, dismissing the need for further directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20858 of 2012
====================================================== Byas Singh Son Of Late Raghunath Singh Resident Of Village- Bhusaulwa, Police Station- Kesariya, District- East Champaran At Motihari .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Siwan 3. The District Development Commissioner, Siwan 4. The Block Development Officer, Barhariya Block, District- Siwan 5. The Accountant General, Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Dr.Amrendra Kumar Dubey No.1 Mr. Ravi Shanker Pankaj For the State : Mr. Kumar Alok, S.C.7 For the Accountant G. : Mr.S.K.Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
4 22-10-2016 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks direction to the respondent authorities for making payment of arrear of pension, as per 6th Pay Revision Commission as well as grant of one Assured Career Promotion (A.C.P.) since August,1999 along with interest @ 18 % per annum. The petitioner retired on 31.01.2003 from the post of Panchayat Sewak, Barhariya Block, Siwan. A supplementary counter affidavit has been filed stating that the A.C.P. was not granted due to lapse of the petitioner, as his Service Book with necessary entries as well as
Patna High Court CWJC No.20858 of 2012 (4) dt.22-10-2016
2/2
proper sanction order were not sent. Howeever, as soon as the petitioner filed representation the regularization was made and thereafter balance of differential amount of Rs.40140.00 was paid.
Learned counsel for the State submits that from Annexures-G and H of the supplementary counter affidavit it would appear that the pension of the petitioner has been revised and is being appropriately paid.
However, learned counsel for the petitioner prays for one week’s time to verify the same.
In my view, the supplementary counter affidavit filed on behalf of the State, particularly Annexures-G and H substantially redress the grievance of the petitioner. In case of any irregularity in calculation, it will be open to the petitioner to approach the authority concerned.
With the aforesaid liberty, this writ application is disposed of.
(Samarendra Pratap Singh, J)
AnilKrSinha/-
U
1 issue framed by the court
Whether the respondent authorities should be directed to make payment of arrears of pension and grant of Assured Career Promotion.
1 provisions across 1 enactments
Byas Singh
The State Of Bihar
The District Magistrate, Siwan
The District Development Commissioner, Siwan
The Block Development Officer, Barhariya Block
The Accountant General, Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
