Mahendra Mishra Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Mahendra Mishra Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondent no.7, District Programme Officer (Establishment) Patna, to issue the sanction letter on the documents submitted and complete all formalities, preferably within six weeks; and the Accountant General, Bihar, to issue the necessary authority letter within a further period of four weeks upon receipt of the sanction letter.

Issue for consideration

Grant of monthly final pension to the petitioner, who had during pendency of the writ petition been paid provisional pension arrears of Rs. 3,16,015/- but had till date not been accorded his monthly final pension. +1 more

Court's answer

The present writ petition stands disposed of with the aforesaid directions.

Ratio / Principle

This Court directed respondent no.7, the District Programme Officer (Establishment) Patna, to issue the necessary sanction letter on the basis of the documents submitted by the petitioner.

Key takeaways

If any further paper(s) or information were needed, the District Programme Officer (Establishment) Patna was to make proper communication to the petitioner to furnish the required documents, and must complete all the formalities, preferably within a period of six weeks.ratio¶21
On receipt of the sanction letter by the office of the Accountant General, Bihar, the necessary authority letter was to be issued within a further period of four weeks.ratio¶22

Detailed headnote1 paragraphs

High Court of Judicature at Patna (Harish Kumar, J.), CWJC No.5951 of 2023, oral order dt.30-01-2024. The petitioner, whose arrears of provisional pension of Rs. 3,16,015/- had been paid during pendency of the writ petition but whose monthly final pension remained unaccorded, obtained relief by way of directions: respondent no.7, the District Programme Officer (Establishment), Patna, was directed to issue the necessary sanction letter on the basis of the documents submitted (making proper communication if further papers were needed) and to complete all formalities preferably within six weeks; on receipt of the sanction letter, the Accountant General, Bihar, was to issue the necessary authority letter within a further four weeks. The writ petition stood disposed of accordingly. No statute or precedent was invoked or discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5951 of 2023

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

Mahendra Mishra Son of Late Jagdish Mishra Resident of village- Kanhauli Bishunpur Persi, P.S. Mahua, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Education Department Government of Bihar, Patna.

The Principal Secretary, Education Department Government of Bihar, Patna. 3. The Director, Secondary Education, Bihar Patna.

The Regional Deputy Director of Education Terhut Division, Muzaffarpur. 5. The District Education Officer, Muzaffarpur.

The District Education Officer, Patna 7. The District Programme Officer (Establishment) Patna 8. The Principal Kusturba Ganghi Girls High School, Khagaul, Patna.

The Account General, Bihar, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Vasant Vikas, Adv. For the Resp-State : Mr. Kumar Kamal Nayan For the AG, Bihar : Mr. Ram Yash Singh, Adv.

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

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

7 30-01-2024

Heard Mr. Vasant Vikas, learned counsel for the

petitioner; Mr. Kumar Kamal Nayan, learned counsel for the State and Mr. Ram Yash Singh, learned counsel for the Accountant General, Bihar.

It is submitted on behalf of the petitioner that during the pendency of the present writ petition and on the intervention of this Court, arrears of provisional pension to the

Patna High Court CWJC No.5951 of 2023(7) dt.30-01-2024 2/3

tune of Rs. 3,16,015/- has been paid to the petitioner. However, till date he has not been accorded his monthly final pension. It is further submitted that the petitioner has also received a letter bearing no. 10573 dated 20.12.2023 under the signature of District Education Officer (Establishment), directing him to submit the pension papers and documents to the office of the undersigned, as despite the date fixed by the Hon’ble Court, the petitioner failed to submit the same. In response thereto, the petitioner again sent the pension paper along with required documents through the registered post on 10.01.2024 to the office of DPO (Est.) Patna.

In view of the aforesaid facts, this Court directs the respondent no.7, the District Programme Officer (Establishment) Patna to issue the necessary sanction letter on the basis of the documents submitted by the petitioner and in case there is need of any further paper(s) or information, make proper communication to the petitioner to furnish the required documents, if any and must complete all the formalities, preferably within a period of six weeks.

Needless to observe that on receipt of the sanction letter by the office of the Accountant General, Bihar, the necessary authority letter shall be issued within a further period

Patna High Court CWJC No.5951 of 2023(7) dt.30-01-2024 3/3

of four weeks.

Accordingly, the present writ petition stands

disposed of with the aforesaid direction.

(Harish Kumar, J)

rohit/-

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