Patna High Court
Bindeshwar Prasad vs The State Of Bihar on 28 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2643 of 2020
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1. Bindeshwar Prasad S/o Late Bhagwat Prasad resident of village Mohanpur,
P.O. and P.S.- Nalanda District- Nalanda
2. Shambhu Prasad son of Late Etwari Mahato resident of village Mohanpur,
P.o. and P.s.- Nalanda, District- Nalanda
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of
Agriculture, Government of Bihar, Patna
2. The Principal Secretary, Department of Agriculture, Government of Bihar,
Patna
3. The Collector, Nalanda
4. The Deputy Collector, Establishment, Nalanda
5. The Director, Agriculture, Govt. of Bihar, Patna
6. The District Agriculture Officer, Nalanda, Bihar Sharif
7. The Sub-Divisional Agriculture Extension Officer, Hilsa, Nalanda
... ... Respondents
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Appearance :
For the Petitioners : Mr.Arun Kumar Tiwari, Advocate
For the Respondent-State: Mr.Anant Pd. Singh, SC-15
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 28-01-2021
Heard learned counsel for the petitioners and
learned counsel for the State.
2. The instant writ petition has been filed by the
petitioners seeking a direction to the respondents to grant and
pay full pension in the light of resolution issued by the Finance
Department, Government of Bihar, Patna as contained in Memo
No.50(F) dated 15.01.2016 which provides that full pension
shall be payable to those employees who have completed 20
Patna High Court CWJC No.2643 of 2020 dt.28-01-2021
years of service and retired between 01.04.2007 and 23.09.2009.
3. There is no dispute to the fact that the
petitioner no. 1 was appointed on the post of Village Level
Worker and submitted his joining on 04.06.1977 and retired on
31.01.2008 from Nalanda whereas the petitioner no. 2 was
appointed on the post of Village Extension Worker and had
joined on 28.09.1978 and subsequently retired on 31.07.2009
from Nalanda.
4. Admittedly, both the petitioners had
completed more than 20 years of service prior to their
retirement, but had not completed 33 years of service.
5. As per earlier circular of the Finance
Department, Government of Bihar, employees were entitled for
full pension after completion of their service for the period of 33
years. However, subsequently, the Finance Department,
Government of Bihar issued a fresh circular as contained in
Memo No.819 dated 23.09.2009 whereby those employees, who
had completed service of 20 years and retired between
01.04.2007-23.09.2009 were also entitled to get full pension.
6. Respondent nos. 3 to 7 have filed their
counter affidavit. Learned counsel for respondent nos. 3 to 7 has
drawn my attention towards para 6 to 8 of the counter affidavit
Patna High Court CWJC No.2643 of 2020 dt.28-01-2021
which reads as under:-
"6. That as per claim of the
petitioners their pension has been fixed on
the basis of earlier circular after retirement
on 31.01.2008 and 31.07.2009, which fall
within the prescribed period such as in
between 01.04.2007 to 23.09.2009 as
contemplated in the revised circular vide
memo no.819 dated 23.09.2009 as well as
memo no.50 dated 15.01.2016 and hence
they are entitled to get benefit of full
pension.
7. That in view of the facts as
stated above service books along with
require pension format related to the
petitioners were sent to the Auditor
General, Bihar, Patna for re-fixation of
their pension vide letter no.2765 dated
01.12.2020 issued by the respondent no.6.
8. That it is made clear here that
fixation of pension and benefit of revised
pay scale are made by the officer of
Auditor General, Bihar, Patna and for that
proposal in prescribed format have been
sent by the respondent no.6 and after
sanction the same will be provided to the
petitioners."
7. Though, the Accountant General, Bihar has
not been impleaded as a party in the instant writ petition, in
Patna High Court CWJC No.2643 of 2020 dt.28-01-2021
view of the stand taken by the respondent-State, I am of the
opinion that no useful purpose would be served by keeping the
writ petition pending for seeking response of the Accountant
General.
8. Accordingly, the writ petition is disposed of
with a direction to the petitioners to file their respective
representations before the learned Accountant General, Bihar,
Patna within a period of two weeks for refixation of their
pension.
9. In case, such representations are filed, the
Accountant General, Bihar, Patna shall be required to look into
the matter and do the needful in accordance with law
expeditiously and preferably within a period of four weeks from
the date of filing of such representations.
(Ashwani Kumar Singh, J)
kanchan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.01.2021
Transmission Date NA
