IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6838 of 2023
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Sidheshwar Prasad Sinha, male aged about 86 years, Son of Late Chhotan Mahto Resident of Village Khirbhojana P.S. Warsalignaj District Nawada, at Present Purushottam Palace, New Patliputra Colony House No. 402, Patliputra, P.S. Patliputra District-Patna 800013, Retired Headmaster, Adarsh Middle School Silaunja Belaganj, Gaya ... ... Petitioner/s Versus
1. The State of Bihar Through the Principal Secretary Education Department Govt. of Bihar
2. The Director Primary Education, Govt. of Bihar, Patna
3. The District Education Officer, Gaya
4. The District Programme Officer (Estab), Gaya
5. The Head Master Adarsh Middle School Silaunja, Belaganj, Gaya
6. The Accountant General, A and E Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash, Advocate For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23 For the A.G : Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 18-08-2023 Heard Mr. Satya Prakash, learned counsel appearing on behalf of the petitioner; Mr. Madhaw Pd. Yadaw, learned GP-23 appearing on behalf of the State and Mr. Binod Kumar Labh, learned counsel appearing on behalf of the Accountant General.
2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner seeks to file a detailed representation before the District Programme Patna High Court CWJC No.6838 of 2023 dt.18-08-2023 2/3 Officer (Establishment), Gaya, with respect to the re- fixation of pension at the enhanced rate in the light of resolution of the State Government contained in Memo No. 755 dated 20.10.2017.
3. Considering the limited prayer made on behalf of the petitioner, the District Programme Officer (Establishment), Gaya, is directed to sanction the revised pension of the petitioner in terms of Letter Memo No. 755 dated 20.10.2017 issued by the Finance Department, Government of Bihar.
4. In case, the said resolution is not applicable in the case of the petitioner, he is directed to call for service records relating to the petitioner and he is also required to hear the petitioner in person or through his representative and pass a final decision with respect to calculation of the pension of the petitioner. In case the petitioner is entitled for the relief as claimed for by him, in that case, he must forthwith issue sanction letter to the Accountant General, Bihar, for revision of pension of the petitioner in accordance with law.
5. In any case, the representation of the Patna High Court CWJC No.6838 of 2023 dt.18-08-2023 3/3 petitioner is directed to be disposed of within a period of six weeks from the date of filing of the representation.
6. Accordingly, the present writ petition stands disposed of.
(Purnendu Singh, J) Niraj/-
Nilmani/-
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