Sidheshwar Prasad Sinha vs The State Of Bihar
2023 Latest Caselaw 3849 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.6838 of 2023
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Sidheshwar Prasad Sinha, male aged about 86 years, Son of Late Chhotan Mahto Resident of Village Khirbhojana P.S. Warsalignaj District Nawada, at Present Purushottam Palace, New Patliputra Colony House No. 402, Patliputra, P.S. Patliputra District-Patna 800013, Retired Headmaster, Adarsh Middle School Silaunja Belaganj, Gaya

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary Education Department Govt. of Bihar

2. The Director Primary Education, Govt. of Bihar, Patna

3. The District Education Officer, Gaya

4. The District Programme Officer (Estab), Gaya

5. The Head Master Adarsh Middle School Silaunja, Belaganj, Gaya

6. The Accountant General, A and E Bihar, Patna

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

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23 For the A.G : Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 18-08-2023 Heard Mr. Satya Prakash, learned counsel

appearing on behalf of the petitioner; Mr. Madhaw Pd.

Yadaw, learned GP-23 appearing on behalf of the State and

Mr. Binod Kumar Labh, learned counsel appearing on

behalf of the Accountant General.

2. Learned counsel appearing on behalf of the

petitioner submitted that the petitioner seeks to file a

detailed representation before the District Programme Patna High Court CWJC No.6838 of 2023 dt.18-08-2023

Officer (Establishment), Gaya, with respect to the re-

fixation of pension at the enhanced rate in the light of

resolution of the State Government contained in Memo No.

755 dated 20.10.2017.

3. Considering the limited prayer made on

behalf of the petitioner, the District Programme Officer

(Establishment), Gaya, is directed to sanction the revised

pension of the petitioner in terms of Letter Memo No. 755

dated 20.10.2017 issued by the Finance Department,

Government of Bihar.

4. In case, the said resolution is not applicable

in the case of the petitioner, he is directed to call for service

records relating to the petitioner and he is also required to

hear the petitioner in person or through his representative

and pass a final decision with respect to calculation of the

pension of the petitioner. In case the petitioner is entitled for

the relief as claimed for by him, in that case, he must

forthwith issue sanction letter to the Accountant General,

Bihar, for revision of pension of the petitioner in accordance

with law.

5. In any case, the representation of the Patna High Court CWJC No.6838 of 2023 dt.18-08-2023

petitioner is directed to be disposed of within a period of six

weeks from the date of filing of the representation.

6. Accordingly, the present writ petition stands

disposed of.

(Purnendu Singh, J) Niraj/-

Nilmani/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          21.08.2023
Transmission Date       N/A