Suresh Prasad vs The State Of Bihar
2022 Latest Caselaw 792 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3851 of 2021
     ======================================================

Suresh Prasad Son of Laxmi Mahto, R/o Dwarikapuri, Hanuman Nagar, P.S. Patrakar Nagar, P.O. - Patrakar Nagar, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Patna.

2. The Additional Chief Secretary, Department of Finance, Government of Bihar, Patna.

3. The Director, Land Reforms Department, Government of Bihar, Patna.

4. The District Collector, Rohtas.

5. The Circle Officer, Suryapura, District - Rohtas.

6. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav For the Respondent/s : Mr. Rishi Raj Sinha, SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for the respondents.

3. Counsel for the petitioner is hereby directed to furnish

a copy of the petition to counsel for the State/respondents.

4. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That this is an application for issuance of writ, in the nature of Mandamus and /or any other appropriate writ, order or direction commanding upon the respondents to revised the pension of the petitioner w.e.f. 01.04.2017 because of the increment in pension due to 7th Pay revision and also to Patna High Court CWJC No.3851 of 2021 dt.31-01-2022

pay the arrear of the pension w.e.f. 01.04.2017 together with the arear of difference of salary and difference of leave encashment w.e.f 01.01.2009 due to pay fixation by virtual of grant of MACP."

5. Short question for consideration is whether petitioner

is entitled to 7th Pay Commission benefits and consequential rates

of monetary benefits or not? In this regard, petitioner submitted

representation on 18.06.2020 vide Annexure 6 and it is pending

consideration before the concerned authority, therefore, the

concerned authority/respondent is hereby directed to examine the

petitioner's grievance with reference to service particulars read

with the scheme of 7th Pay Commission. If the petitioner is

otherwise eligible for monetary benefits under 7th Pay

Commission, the same shall be disbursed with consequential

monetary benefits within a period of three months from the date of

receipt of this order.

6. Accordingly, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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