IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11661 of 2011
Devendra Nath Sharma, Son of Late Chhathu Upadhyay,
Resident of Village Sihauta Bangara, P.S. Maharajganj,
District Siwan.
... ... Petitioner.
Versus
1. The State Of Bihar
2. The District Magistrate, Siwan, District Siwan.
3. The Chief Engineer, Water Resources Department, Siwan,
District Siwan.
4. The Superintending Engineer, Saran Canal Circle, Chapra.
5. The Executive Engineer, Saran Canal Division, Gandak
Project, Maharajganj, District Siwan.
6. The Accountant General, Bihar, Bir Chand Patel Path,
Patna.
... ... Respondents.
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2. 22.7.2011. Heard Shri Sanjay Kumar Singh,
learned counsel for the petitioner, Shri
Parth Sharthi, learned S.C.10, who appears
on behalf of respondent nos.1 to 5 and Shri
Prabhat Ranjan, learned counsel appearing
on behalf of respondent no.6/Accountant
General.
The petitioner, who retired with
effect from 30.11.2008 as Amin from the
office of Executive Engineer, Saran Canal
Division, Gandak Project, Maharajganj,
District Siwan, has prayed for directing
the respondents to start paying pension.
Learned counsel for the petitioner submits
that except pension, other retiral dues
have already been paid to the petitioner.
2
In paragraph-9 of the writ petition, a
specific averment has been made that during
the service period, petitioner’s service
was fully satisfactory and no charges or
show cause was ever made against him before
retirement. However, without any rhyme and
reason, the authority concerned has not
fixed his pension.
In view of the averment made in
paragraph-9 of the writ petition as well as
the fact that other retiral dues have
already been paid and the petitioner
retired in the year 2008, the court is of
the opinion that writ petition can be
allowed at this stage directing the
respondents to take immediate steps for
fixing final pension and start paying
pension to the petitioner. The respondent/
State authority are directed to immediately
issued sanction in respect of pension of
the petitioner within a period of six weeks
from the date of receipt/production of a
copy of this order. Court expects that
respondent no.6/Accountant General shall
issue authorization within a period of four
weeks from the date of receipt of sanction
3
from the State authority.
With above observation and
direction, the writ petition stands
allowed.
N.H./ ( Rakesh Kumar,J.)