Patna High Court
Vinay Kumar Srivastava vs The State Of Bihar Through The ... on 26 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9002 of 2021
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Vinay Kumar Srivastava, Son of Late Dr. Saligram Srivastava Resident of
Village - Barawan, P.O. - Barawan, P.S. - Mirganj, District- Jaunpur, Uttar
Pradesh - 222143.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. The Principal Secretary, Finance Department, Government of Bihar, Patna.
4. The Secretary, Law Department, Government of Bihar, Patna.
5. The Hon'ble High Court of Judicature at Patna, through the learned Registrar
General.
6. The learned Registrar General, Hon'ble High Court of Judicature at Patna.
7. The Accountant General, Mahalekhakar Bhawan, Veerchand Patel Path,
Patna.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Kumar Kaushik, Advocate
For the State : Mr. Suman Kumar Jha, AC to AAG-3
For the Accountant General : Mr. Rajnandan Pd., Advocate
For the High Court : Mr. Satyabir Bharti, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE VIKASH JAIN)
Date : 26-10-2021
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 an order, direction, or a writ of
certiorari for setting aside the pension payment order
Patna High Court CWJC No.9002 of 2021 dt.26-10-2021
dated 11.04.2019 whereby and whereunder the
pension of the writ petitioner has been revised and
reduced from Rs. 21,845/- to Rs. 17,476/- in view of
resolution of the Finance Department bearing
Resolution No. 1529 dated 11.02.2019 which is
inapplicable to the case of the petitioner who
superannuated with effect from 21.10.2013 pursuant
to the order dated 04.11.2013 passed by the
Competent Authority whereby and whereunder, the
petitioner was inflicted with the punishment of
compulsory retirement from Bihar Sub-ordinate
Judicial Service.
(ii) For issuance of an order, direction or a writ of
mandamus for directing the respondent authorities to
give effect to the pension payment order dated
15.12.2014 whereby and whereunder the pension of
the petitioner was fixed in view of the resolution of the
Finance Department bearing Resolution No. 11859
dated 28.12.2011 whereby and whereunder it was
resolved that the pension of Judicial Officers shall be
fixed on the basis of the average emoluments drawn by
them during the last 10 months of their service.
(iii) For issuance of an order, direction or an
appropriate writ for staying the operation of the
impugned pension payment order dated 11.04.2019 by
which the pension of the petitioner has been reduced,
during the pendency of the present writ application".
3. The short facts of the case according to the
petitioner are that having been selected in the 24 th Judicial
Service (Junior Division) Competitive Examination, he was
Patna High Court CWJC No.9002 of 2021 dt.26-10-2021
appointed as Munsif by Notification contained in Memo No. 8399
dated 06.09.1997 (Annexure-P1). A disciplinary proceeding was
initiated against the petitioner in which charges were proved
leading to punishment by way of compulsory retirement in terms
of letter dated 06.08.2013 and consequent Notification dated
04.10.2013 issued by the State Government (Annexure-P3).
Based on his last pay drawn, the petitioner's pension was fixed
on 15.12.2014 at Rs.21,845/- (Annexure-P7). Thereafter, the
petitioner's pension was reduced in terms of PPO dated
11.04.2019 from Rs.21,845/- to Rs.17476/- (Annexure-P8). The
petitioner represented in the office of the Accountant General as
well as in the Finance Department for restoring his pension
which was being paid to him before such reduction.
4. Learned counsel for the petitioner submits that the
pension has been reduced from Rs.21,845/- to Rs.17476/-
without issuance of any show cause notice in this regard. It is
further stated that pursuant to his representation, it has been
informed by letter dated 10.06.2020 by the Finance Department
(Annexure-P10A) that such deduction has been made in the light
of its clarificatory resolution dated 11.02.2019 (Annexure-P10B).
A statement is made at the Bar on instruction that the petitioner
continues to be paid his pension on the basis of the earlier PPO
dated 15.12.2014 at Rs. 21,845/- (Annexure-P7). The fresh PPO
Patna High Court CWJC No.9002 of 2021 dt.26-10-2021
on the basis of reduced pension through recovery of the excess
payment may be implemented at any time.
5. Learned counsel for the State and the High Court
appear and have been heard. It is submitted that the writ petition
is premature as on the own saying of the petitioner, no recovery
is being made from the petitioner at present and pension is being
paid without any deduction. It is further pointed out that the
representation of the petitioner has also not finally been rejected
as is evident from the aforesaid letter dated 10.06.2020
(Annexure-P10). It is also pointed out that fixation of reduced
pension itself has not been questioned by the petitioner as being
incorrectly computed.
6. Having heard the parties and on a consideration of
materials on record, we are of the view that the ends of justice
will be met by granting liberty to the petitioner to file a fresh
representation before Principal Secretary, Finance Department,
Govt. of Bihar, Patna (Respondent No. 3) for redressal of his
grievance, within a period of four weeks from today. If any such
representation is filed within the aforesaid period, the same shall
be considered and disposed of on its own merits in accordance
with law and after grant of an opportunity of hearing to the
petitioner, expeditiously and in any event preferably within a
period of twelve weeks thereafter.
Patna High Court CWJC No.9002 of 2021 dt.26-10-2021
7. The writ petition stands disposed of with the
aforesaid observations and directions.
(Vikash Jain, J)
( Rajesh Kumar Verma, J)
V.K.Pandey/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 28.10.2021
Transmission Date N.A.
