Keshav Singh vs The State Of Bihar
2023 Latest Caselaw 3880 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5464 of 2023
     ======================================================

Keshav Singh Son of Late Radhesh Singh Resident of Village and P.O.- Prasadi English, P.S. and District- Arwal.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Finance Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Panchayati Raj Department, Bihar, Patna.

3. The Divisional Commissioner, Bhagalpur Division, Bhagalpur.

4. The District Magistrate, Bhagalpur.

5. The District Panchayat Raj Officer, Bhagalpur.

6. The District Provident Fund Officer, Bhagalpur.

7. The Treasury Officer, Bhagalpur.

8. The Block Development Officer, Bihpur, District- Bhagalpur.

9. The Block Development Officer, Pirpaiti, District- Bhagalpur.

10. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Manoj Kumar Sinha, Advocate For the Respondent/s : Ms. Anuradha Singh, SC-21 For the AG : Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 21-08-2023

Mr. Manoj Kumar Sinha, learned counsel

appearing on behalf of the petitioner; Ms. Anuradha Singh,

learned SC-21 appearing on behalf of the respondent and Mr.

Binod Kumar Labh, learned counsel appearing on behalf of the

Accountant General.

2. Learned counsel appearing on behalf of the

petitioner submits that substantial amount of retiral dues has Patna High Court CWJC No.5464 of 2023 dt.21-08-2023

been paid to the petitioner, however, in case petitioner has not

given the financial upgradation on account of second time

bound promotion and ACP which has led to calculation of less

pension payable to the petitioner.

3. Considering the aforesaid fact the petitioner if so

advised, may file a detailed representation before the respondent

no. 3. the Divisional Commissioner, Bhagalpur.

4. The respondent no. 3.-Divisional Commissioner,

Bhagalpur is directed to grant benefit of second time bound

promotion and ACP to the petitioner from the date the petitioner

became entitled and direct the Sanctioning Authority to sanction

at the revised scale after granting benefit of second time bound

promotion and ACP and communicate the same to the

Accountant General, Bihar for revising fixation of the pension

to the petitioner in accordance with law.

5. The above exercise is directed to be carried out

within a period of six weeks from the date of passing of the

order by the respondent no. 3 and in further period of two weeks

from the office of Accountant General.

6. The Treasury Officer must forthwith credit the

entire amount of pensionary benefit and other benefit to the

petitioner within a short period of time, in case any of the Patna High Court CWJC No.5464 of 2023 dt.21-08-2023

authority delay in carrying on the direction of this Court, the

petitioner is at liberty to take appropriate legal action against the

concerned authority.

7. With the above observations and directions, the

present writ petition stands disposed of.

(Purnendu Singh, J) Manish/-

Minu/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.08.2023
Transmission Date       NA