The High Court disposed of the writ petition without adjudicating on the substantive claims regarding pension and gratuity revision. The court granted liberty to the petitioner to file a representation with Respondent No. 3 within six weeks.
Liberty granted to petitioner to approach Respondent No. 3 with a representation regarding grievances within six weeks.
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.1906 of 2020
======================================================
Kumud Rani, Wife of Vimal Chandra Jha, Resident of Mohalla- Professor Colony, Dighi, West, P.S.- Town Thana, Darbhanga, Distrit and TownDarbhanga.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Madhura Nand Jha For the Respondent/s : Mr.Sarvesh Kumar Singh ( Aag13 ) For A/G : Mr. Prabhat Ranjan ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 22-06-2020
The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic.
Heard the learned counsel for the petitioner, the learned counsel for the State and the learned counsel appearing for the Accountant General.
The present petition has been filed seeking following
reliefs:-
“1. For issuance of an appropriate writ order, direction to the respondents to revise
Patna High Court CWJC No.1906 of 2020(2) dt.22-06-2020 2/2
the pension of the petitioner in light of 2nd and 3rd ACP/MACP granted to him w.e.f the date of retirement i.e. 31.12.2013 and make payment of arrears thereof.
(ii) For issuance of an apapropriate writ, order, direction to the respondents revise gratuity in light of 2nd and 3rd ACP/MACP of the petitioner and make payment difference thereof.
(iii) For issuance of an appropriate writ, order, direction to the respondents to make payment of interest @ 12% and penal interest thereafter and a cost of Rs. 20,000/- in favour of the petitioner.”
At the outset, the learned counsel for the petitioner seeks liberty to approach the respondent no. 3 for redressal of the grievances of the petitioner herein, as aforesaid.
Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the respondent no. 3 by filing appropriate representation regarding his grievances within a period of six weeks from today, whereupon the respondent no. 3 shall dispose of the same by a reasoned and speaking order within a period of six weeks of filing of such representation by the petitioner herein.
(Mohit Kumar Shah, J)
rinkee/-
U
2 issues framed by the court
Whether the court should issue a writ directing revision of petitioner's pension and gratuity in light of ACP/MACP.
Whether the petitioner should be directed to approach the Director, Museum Directorate for redressal of grievances.
Kumud Rani
State of Bihar
Secretary Art, Culture and Youth Development Department, Government of Bihar
Director, Museum Directorate, Art, Culture and Youth Development Department, Government of Bihar
Curator, Chandradhari Museum, Darbhanga
Treasury Officer, Darbhanga
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
