Patna High Court
Shyam Dev Prasad vs The Union Of India And Ors on 13 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20927 of 2018
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Shyam Dev Prasad S/o Shiv Nath Mahto R/o Village- Mokamaghat, Ward
No.-27, Police Station- Mokama, District- Patna
... ... Petitioner/s
Versus
1. The Union of India through the Home Secretary, Government of India, New
Delhi.
2. The Deputy Inspector General of Police, Central Reserve Police Force,
Amethi, Uttar Pradesh
3. The Deputy Inspector General of Police (Welfare) Central Reserve Police
Force, C.G.O. Complex, Lodi Road, New Delhi
4. The Commandant 63 BN. Central Reserve Police Force, Naveen Mandi,
Faizabad, Uttar Pradesh
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the UOI : Ms. Nivedita Nirvikar, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 13-01-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition-
"i) For issuance of a proper writ/writs,
order/orders, direction/ directions to the
respondents to revise the pension of the petitioner in
Grade Pay of Rs. 4200 and after revision of pension
from due date with statutory interest;
ii) For a further direction to the respondents for
making payment of arrears of A.C.P. and M.A.C.P. in
the revised Grade Pay of Rs. 4200 instead of Grade
Pay of Rs. 2800 on which arrears was paid;
iii) And for a further direction to the respondents for
making payment of arrears of benefits of granted
Patna High Court CWJC No.20927 of 2018 dt.13-01-2021
through 5th and 6th Pay Revision Committee
recommendations;
iv) And/ or pass any other order/orders which may
deem fit and proper in the facts and circumstances
of the instant case."
3. At the very outset learned counsel for the petitioner
fairly accepts that payments of retiral dues under various heads
have been made to the petitioner, however, his claim for payment
based on 5th and 6th Pay Revision have not properly been
computed and paid. A representation dated 04.01.2016
(Annexure-P/5) has been filed before the Commandant, 63 BN,
Central Reserve Police Force, Naveen Mandi, Faizabad, Uttar
Pradesh (Respondent No. 4) for appropriate relief, which
however remains pending.
4. Learned counsel for the respondents appears and has
been heard.
5. Having regard to the nature of grievance of the
petitioner, the writ petition is disposed of with a direction to the
Commandant, 63 BN, Central Reserve Police Force, Naveen
Mandi, Faizabad, Uttar Pradesh (Respondent No. 4) to consider
and dispose of the aforesaid representation (Annexure-P/5), if
still pending, on its own merits in accordance with law after
grant of an opportunity of hearing to the petitioner, within a
period of twelve weeks from today. Any payment found due to the
petitioner shall be made within a further period of eight weeks
thereafter. In case the petitioner's claim is found inadmissible,
whether in whole or in part, the petitioner's representation shall
be disposed of by a speaking order in that regard. To enable
disposal, the petitioner shall furnish his mobile number and e-
mail ID to the respondent no. 4 within a week from today.
6. It is also made clear that in view of the ongoing Covid-
Patna High Court CWJC No.20927 of 2018 dt.13-01-2021
19 pandemic, any correspondence between the parties may be
made through email and that the petitioner shall be at liberty to
request for hearing through video conference.
7. The writ petition stands disposed of with the
aforesaid directions.
(Vikash Jain, J)
Chandran/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 15.01.2021
Transmission Date -
