High Court Patna High Court - Orders

Damodar Thakur vs The State Of Bihar &Amp; Ors on 22 November, 2010

Patna High Court – Orders
Damodar Thakur vs The State Of Bihar &Amp; Ors on 22 November, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.10851 of 2010
1. DAMODAR THAKUR, S/O LATE PRAGAS THAKUR, R/O VILLAGE MAJHAULI, PANCHDAHI,
VIA SILOUT, P.S. SAKRA,DISTRICT- MUZAFFARPUR.
                                     Versus
1. THE STATE OF BIHAR.
2. THE PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT,GOVT. OF BIHAR, PATNA.
3. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT,GOVT.OF BIHAR, PATNA.
4. THE DEPUTY SECRETARY, FINANCE DEPARTMENT,GOVT.OF BIHAR, PATNA.
5. THE CHIEF ENGINEER, MINOR IRRIGATION,NORTH BIHAR,PATNA.
6. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,CHAPRA.
7. THE ACCOUNTANT GENERAL,BIHAR,PATNA.
                                  -----------

3 22.11.2010 Heard learned counsel for the petitioner

and the respondent State as also the Accountant General.

A counter affidavit has been filed on behalf

of the respondent no. 7 i.e., Accountant General Bihar,

stating therein to the effect that petitioner has been

sanctioned for full claim of pensionable service i.e., 33

years.

Learned counsel for the petitioner however,

disputes and submits that the Accountant General has not

calculated the pension on full qualifying pensionable

service of 33 years.

In the above circumstances, learned counsel for

the petitioner submits that for redressal of his aforesaid

grievances petitioner proposes to file a representation

before the respondent no. 7.

In view of the above, in case such representation

stating details of his claims is filed by the petitioner within

a period of four weeks along with the certified copy of the

present order as also the copy of the relevant documents

including any sanction letter issued by the State
Government, the above respondent shall consider the

claims of the petitioner as raised in the representation in

accordance with law expeditiously, preferably within a

period of four months on receipt of such representation so

that the grievances of the petitioner may be settled at the

earliest to enable the petitioner to receive the full pension

for the pensionable service of 33 years. The representation

of the petitioner be disposed of by reasoned order which

may be communicated to the petitioner.

The writ application stands disposed of with the

above observations/directions.

Amrendra/-             ( Shailesh Kumar Sinha,J.)