High Court Patna High Court - Orders

Baleshwar Prasad Arun vs The State Of Bihar & Ors on 20 September, 2011

Patna High Court – Orders
Baleshwar Prasad Arun vs The State Of Bihar & Ors on 20 September, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.2959 of 2008
               Baleshwar Prasad Arun, Son of Late Jai Narayan Prasad, Resident of
               Mohalla - Dan Nagar Ward No. 4, P.O. and P.S. - Khagaria, District -
               Khagaria..................................................... Petitioner
                                                  Versus
               1. The State Of Bihar
               2. The Accountant General, Bihar, Patna.
               3. The Director, Primary Education, Bihar, Patna.
               4. The Commissioner, Munger Division, Munger.
               5. The Collector, Khagaria.
               6. The District Superintendent of Education, Khagaria.
               7. The Block Education Extension Officer, Khagaria 2, Khagaria.
               8. The Headmaster-cum-Drawing & Disbursing Officer, Arun Middle
                  School, Khagaria.
               9. The Headmaster, Bishwanath Gang, Primary School, Bidyadhar
                  Khagaria, P.O./P.S. and District - Khagaria.
                                                      ............. Respondents
                                     ----------------------------------

4 20.09.2011 Heard Sri Mrityunjay Kumar, learned counsel for the

petitioner, Sri Shashi Shekhar Prasad Sinha, learned AC to

Government Pleader No. 17, who appears on behalf of Respondent

Nos. 1 & 3 to 8/State and Sri Vivekanand Kunwar, learned counsel

appearing on behalf of Respondent No. 2 /Accountant General,

Bihar, Patna.

The present writ petition was filed in the year 2008 with

a prayer to direct the Respondents to start paying full pension. The

petitioner was earlier provided provisional pension but that was also

stopped. Subsequently, provisional pension was started, and now, on

instruction, Sri Kunwar, learned counsel for the Accountant

General, Bihar, Patna, informs the court that final pension has

already been authorized.

In view of the stand taken by the parties, there is no

need to further keep the matter pending. The writ petition stands

disposed of with a direction to the Respondent / State to take all
2

steps for crediting the amount as per authorization to the account of

the petitioner without any delay and it must be credited within a

period of eight weeks from today. Liberty is granted to the

petitioner, that if still any grievance exists, he may file

representation before Respondent No. 6/District Superintendent of

Education, Khagaria, now changed as District Education Officer,

Khagaria. If such representation is filed, the Respondent No. 6, is

required to examine the same and pass appropriate order in

accordance with law within a period of eight weeks from the date of

filing of such representation. Even in case of refusal, the

Respondent No. 6, is required to pass a speaking order and

communicate the same to the petitioner within eight weeks from the

date of filing of such representation.

With above observation and direction the writ petition

stands disposed of.

( Rakesh Kumar, J.)

Praful