Patna High Court
Jagjiwan Prasad Yadav vs The State Of Bihar on 21 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23524 of 2018
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Jagjiwan Prasad Yadav Son of Late Aghnoo Yadav resident of Village-
Milkichak, Janki Nagar, P.S.- Nayaram Nagar, District- Munger.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Collector-cum- District Magistrate, Munger.
2. The Dy. Collector, Establishment, Munger Collectorate, Munger.
3. The Treasury Officer, Munger, District- Munger.
4. The Branch Manager, Punjab National Bank, Main Branch, Munger,
District- Munger.
5. The Branch Manager, Punjab National Bank, Nauwagarhi Branch, Munger,
District- Munger.
6. The Accountant General (A and E), Bihar Veer Chand Patel Marg, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suman Kumar Mishra, Advocate
For the State : Smt. Anuradha Singh, SC 21
For the Accountant General Mrs. Nivedita Nirvikar, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 21-01-2021
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 direction to the respondents to pay
revised pension at Rs 10975 w.e.f. and
difference of Gratuity in terms of revised P.P.O.
No. 201011071723 dated 10.03.2016, issued by
the Office of the Accountant General (A & E)
Bihar, Patna, in favour of the petitioner.
(ii) For direction to the respondent No. 3 & 5,
Patna High Court CWJC No.23524 of 2018 dt.21-01-2021
as to calculate enhance pension at Rs. 10975
and difference amount of Gratuity, for which
petitioner is entitled.
(iii) For any other relief/reliefs, as deem fit and
proper with fact and circumstances of the
case."
3. Learned counsel for the petitioner submits that the
petitioner is entitled to enhanced benefit at the rate of Rs.
10975/- with effect from 01.12.2019, as revised by the
Accountant General (A & E) Bihar, Patna vide P.P.O. No.
201011071723 dated 11.11.2016. In this regard, the petitioner
has approached the Branch Manager, Punjab National Bank,
Nauwagarhi Branch, Munger (respondent no.5) with a
representation dated 15.09.2018 (Annexure-3) for appropriate
relief, but the same is still pending.
4. No counter affidavit is filed on behalf of the Punjab
National Bank, which is not represented today when the matter
is called.
5. Having regard to the nature of the grievance of the
petitioner, the writ petition is disposed of with a direction to the
Branch Manager, Punjab National Bank, Nauwagarhi Branch,
Munger (respondent no.5) to consider and dispose of the
aforesaid representation dated 15.09.2018 (Annexure-3), if still
Patna High Court CWJC No.23524 of 2018 dt.21-01-2021
pending, on its own merit in accordance with law after grant of
opportunity of hearing to the petitioner expeditiously and
preferably within a period of 12 weeks hereof. 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 email ID to respondent no.5 within a week
from today.
6. It is also made clear that in view of the ongoing Covid-
19 pandemic, any correspondence between the parties may be
made through e-mail and that the petitioner shall be at liberty to
request the concerned authority for hearing through video
conference.
7. The writ petition stands disposed of with the aforesaid
direction.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22. 01.2021
Transmission Date N/A
