Writ petition seeking pay scale, A.C.P. benefits, and service record rectification regarding adjusted amounts. Petitioner alleged non-adjustment of Rs. 25,000. Court found grievance redressed via earlier notifications and disposed of application.
No relief granted as grievance was found redressed by authorities.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16803 of 2017
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Suresh Prasad Sharma Son of Late Rajendra Prasad Sharma Resident of Mohalla - Hriday Ganj, Police Station - Katihar, District - Katihar.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Raghvendra Kumar Singh For the Respondent/s : Mr.Kumar Alok - Sc-7 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 24-06-2020
taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For
Orders’ under the orders of Hon’ble the Chief Justice.
Heard the parties.
Following reliefs have been sought for in paragraph 1
of the present application:
“1(i) To issue an appropriate writ including a writ in the nature of Mandamus directing the Respondents to pay the petitioner his total
Patna High Court CWJC No.16803 of 2017(3) dt.24-06-2020 2/3
outstanding with interest after giving him the benefits of Revised pay scale and A.C.P. which has not been paid on the basis of an allegation that Rs. 25,000/- (an amount paid under Scheme No. 09/2004-2005 (N.F.F.W.) has not been adjusted.
(ii) To issue an appropriate direction to the concerned Respondent to rectify the service record of the petitioner in which adjustable amount of Rs. 25,000/- has been wrongly entered by overlooking the order dated 12.02.2007 by which adjustable amount has already been adjusted and remaining amount was paid to the petitioner.
(iii) To issue an appropriate direction to the concerned Respondent to settle the issue within a stipulated time period as petitioner is facing economical hardship after his retirement on 28.02.2013.
(iv) To grant other relief for which petitioner is entitled to.”
A counter affidavit and a supplementary counter affidavit have been filed on behalf of the State. Following statements have been made in paragraphs 6 and 7 of the supplementary counter affidavit filed on behalf of respondent nos. 2 to 5 & 8:
“6. That the case in brief is that the petitioner had joined on the post of Panchayat Sachiv on 01.07.92 in Hasanganj Block. He retired on 28.02.2013 for Kadwa Block. He had been entrusted for completion of remaining work of a scheme bearing no. 09/04-05 under Food for work scheme (NFFW) in Hasanganj. As per the report of Block Development Officer, Hasanganj vide his letter no. 580, dated 08.06.2020, the advance amount of Rs. 25,000.00 taken by the petitioner in the implementation of the said
Patna High Court CWJC No.16803 of 2017(3) dt.24-06-2020 3/3
scheme has already been adjusted and the entry for such adjustment has been made in the record of this scheme itself.
Considering the fact that the grievance of the petitioner has already been redressed, no further order is required to be passed in the present writ application.
The present writ application stands disposed of.
(Sudhir Singh, J)
Pankaj/-
U
3 issues framed by the court
Whether a fresh order is required when the petitioner's grievance has already been redressed by authorities.
Whether the petitioner is entitled to outstanding pension benefits and post-retirement adjustments.
Whether the service record regarding adjusted amounts requires rectification.
Suresh Prasad Sharma
State of Bihar through the Principal Secretary, Panchayati Raj Department
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
