Javed Ashraf vs The State Of Bihar
2023 Latest Caselaw 3803 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4110 of 2023
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Javed Ashraf Son of Late Mr. Abdul Halim Resident of Haroon Nagar Colony, Sector-2, P.O.- Phulwarisharif, P.S.- Phulwarisharif, District- Patna, Bihar- 801505.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Bihar, Patna.

2. The Deputy Secretary, Rural Works Department, Bihar, Patna.

3. The Accountant General, Birchand Patel Patna, Patna.

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

     For the Petitioner/s   :       Mr. Raj Nandan Prasad, Sr. Advocate
                                    Mr. Vishesh Kumar Singh, Advocate
                                    Ms. Shailja, Advocate
     For the State          :       Mr. Ajay ( GA- 5 )
     For the A.G.           :       Mr. Binod Kumar Labh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 17-08-2023 Heard Mr. Raj Nandan Prasad, learned counsel

assisted by Mr. Vishesh Kumar Singh, learned counsel

appearing on behalf of the petitioner, Mr. Ajay, leaned GA-5

appearing on behalf of the State and Mr. Binod Kumar Labh,

learned counsel for the Accountant General, Bihar.

2. Mr. Raj Nandan Prasad, learned counsel

appearing on behalf of the petitioner informs this Court that the

the petitioner had retired on 28.02.2022 from the post of

Executive Engineer, Local Area Planning and Development

Department, Engineering Organization, Munger. The petitioner

has been denied benefit of MACP which respondents have

admitted in paragraph no. 5 of the supplementary counter Patna High Court CWJC No.4110 of 2023 dt.17-08-2023

affidavit filed on behalf of the respondents no. 1 and 2 that same

will be paid within eight weeks from the date of filing of the

supplementary counter affidavit i.e. 07.07.2023. He further

submitted that no statement has been made that the respondent

concern will issue fresh sanction letter to the Accountant

General, Bihar for revising pension of the petitioner and other

retiral dues after granting benefit of MACP on account of

upgradation in pay scale. The petitioner is entitled for

upgradation from 20.06.2017. He further submitted that

petitioner is also entitled for payment of interest on account of

delay in making payment of retiral dues to the petitioner.

3. Learned counsel appearing on behalf of the State

submitted that the steps are being taken for revising the pension

of the petitioner after granting benefit of MACP and specific

statement in this regard has been made in paragraph no. 5 of the

supplementary counter affidavit filed on behalf of the

respondents no. 1 and 2. He further submitted that a

departmental proceeding is pending against the petitioner and in

this regard a statement has been made in paragraph no. 6 of the

supplementary counter affidavit.

4. Considering the rival submission made on behalf

of by the parties, as well as, the admission of the respondents Patna High Court CWJC No.4110 of 2023 dt.17-08-2023

that steps are being taken to grant benefit of MACP on account

of financial upgradation the pension of the petitioner is also

required to be revised. The Principal Secretary, Rural Works

Department, Bihar, Patna- respondent no. 1 is directed to take

immediate steps to grant financial benefit on account of

financial upgradation and issue sanction letter to the Accountant

General, Bihar for revision of pension on account of grant of

benefit of MACP to the petitioner from the date the petitioner

became entitled to the said benefit within a period of six weeks

in accordance with law.

5. The Accountant General, Bihar is directed to fix

the pension of the petitioner on revised pay scale within a

further period of one week and the Treasury Officer, Patna is

directed to release the entire amount forthwith once he receives

the authority from the office of the Accountant General, Bihar.

6. 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          18.08.2023
Transmission Date       N/A