Citation : 2023 Latest Caselaw 5030 Patna
Judgement Date : 3 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21913 of 2018
======================================================
1.1. Bairistar Prasad Maurya 1.2. Balram Kushwaha 1.3. Suryabali Kushwaha All Sons of late Ranglal Prasad, Resident of Village- Madanchak, P.O.- Ghanti, P.S- Bhatni, District- Deoria (Uttar Pradesh).
... ... Petitioner/s Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna
2. Accountant General, Govt. of Bihar, Patna.
3. The State of Jharkhand through Deputy Commissioner, District Jamtara Jharkhand.
4. Accountant General, Ranchi. Jharkhand.
5. Anchal Adhikari, Narayanpur, District - Jamtara Jharkhand.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate For the State of Bihar : Mr.Sajid Salim Khan -Sc25 For the State of Jharkhand : Mr. Sanjay Kumar Pandey, Advocate For the AG, Bihar : Mr. Prabhat Ranjan, Advocate Mr. Ansh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 03-10-2023 Supplementary counter affidavit filed on behalf of the
respondent no.1 is directed to be kept on record.
2. Heard Mr. Arun Kumar, learned counsel appearing
on behalf of the petitioners; Mr. Sajid Salim Khan, learned SC
25 for the State; Mr. Sanjay Kumar Pandey, learned counsel for
the State of Jharkhand and Mr. Prabhat Ranjan, learned counsel
for the Accountant General, Bihar.
3. Learned counsel for the petitioners submits that the Patna High Court CWJC No.21913 of 2018 dt.03-10-2023
submission made in paragraph no.5 of the supplementary
counter affidavit filed on behalf of the respondent no.1 is
contrary to the benefits which are being granted to the similarly
situated Karmachari, who have retired from the State of Bihar,
as they are receiving much more pension than the deceased
father of the petitioners.
4. In these background, learned counsel submits that
he has received instruction that the petitioners seeks to file a
detailed representation before the Additional Chief Secretary,
Revenue and Land Reforms Department, Government of Bihar,
Patna with respect to payment of retiral due of the original writ
petitioner.
5. Considering the aforesaid specific submission made
on behalf of petitioners, the Additional Chief Secretary,
Revenue and Land Reforms Department, Government of Bihar,
Patna is directed to compare the service records of the original
writ petitioner who was the father of the petitioners with that of
similarly situated Karmcharis, who had retried on the date, the
father of the petitioners had retired and revise the pension
accordingly and ensure to make payment at the applicable rate,
as is being paid to the similarly situated other Karamcharis who
have also retired on or before the date of retirement of the Patna High Court CWJC No.21913 of 2018 dt.03-10-2023
original writ petitioner. The whole exercise is directed to be
completed within a period of six weeks from the date of filing of
representation by the petitioners.
6. The writ petition is disposed of.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 04.10.2023 Transmission Date NA
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