Jitendra Kumar Singh vs The State Of Bihar
2023 Latest Caselaw 3674 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6141 of 2023
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Jitendra Kumar Singh Son of Late Brij Mohan Singh, Resident of Village- Gulni Kusaha, P.S.- Sambhuganj, District- Banka.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Engineer-in-Chief, Irrigation Creation, Water Resources Department, Bihar, Patna.

3. The Chief Engineer, Irrigation Creation, Water Resources Department, Bhagalpur.

4. The Principal Accountant General (A and E), Bihar, Patna.

5. The Treasury Officer, Bhagalpur.

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

For the Petitioner/s : Mr. Rajendra Kumar Jain, Advocate For the State : Mr. Rewti Kant Raman, AC to SC-11 For the Respondent/s : Dr. Anand Kumar, Advocate Mr. Ramesh Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 10-08-2023 Heard Mr. Rajendra Kumar Jain, learned

counsel appearing on behalf of the petitioner, Mr. Rewti

Kant Raman, learned AC to SC-11 appearing on behalf of

the State and Dr. Anand Kumar, learned counsel for the

Accountant General, Bihar.

2. Learned counsel appearing on behalf of the

petitioner informs this Court that certain amount on account

of G.P.F., G.I.S., and unutilized earned leave has been paid

and pension is regularly being paid to the petitioner. Patna High Court CWJC No.6141 of 2023 dt.10-08-2023

Learned counsel is aggrieved for payment of pension at

lower rate because of the fact that the fixation of pension

has been done without taking into account the period during

which the petitioner was under suspension, on account of

criminal case for allegation under Section 30 (a) of the

Bihar Prohibition and Excise Act, 2016 in which he has

been acquitted. He further submitted that the authorities

without considering the fact that no disciplinary proceeding

was pending against the petitioner and also took into

consideration the suspension was revoked and petitioner is

entitled for the pay and financial benefit by calculating the

period of suspension by refixing the pension at the

enhanced rate which is applicable for pay matrix level-5.

Learned counsel further submitted that in counter affidavit,

the respondents have admitted that pension of the petitioner

is required to be fixed in pay matrix level-5.

3. Considering the aforesaid submission and the

statement made in the counter affidavit, the petitioner, if so

advised, may file a detailed representation before the

Engineer-in Chief, Irrigation Creation, Water Resources

Department, Bihar, Patna- Respondent No. 2, who will Patna High Court CWJC No.6141 of 2023 dt.10-08-2023

ensure to obtain all the records relating to the petitioner

from the Chief Engineer, Irrigation Creation, Water

Resources Department, Bhagalpur- Respondent No. 3 and

proceed to give benefit of period during which the

petitioner was suspended on the basis of and F.I.R.

instituted against him relating to Tilkamanjhi P.S. Case No.

29 of 2020 under Section 30 (a) of the Bihar Prohibition

and Excise Act, 2016. In the said case no proceeding was

initiated. In such circumstances, the respondent no. 2 is

directed to take a final decision on the basis of records

relating to petitioner and issue fresh sanction letter to the

Accountant General, Bihar for rectification of pension of

the petitioner in pay matrix level-5.

4. The respondent no. 2 must ensure to take

steps with respect to payment of gratuity and commutation

of pension and sanction of revised pension to the petitioner

within a period of four weeks from the date of filing of the

representation in accordance with law.

5. The representation of the petitioner is

directed to be disposed of in light of above direction and

observation.

Patna High Court CWJC No.6141 of 2023 dt.10-08-2023

6. The Accountant General, Bihar, must ensure

to issue authority within a period of two weeks from the

date he receives sanction letter.

7. With above observation and direction, the

present writ petition is disposed of.

                                                 (Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          16.08.2023
Transmission Date       N/A