IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 182 of 2008
Sukdeo Mishra .... Petitioner
Versus
The State of Jharkhand and others ...Respondents
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
For the Petitioner : Mr. Shree Prakash Jha, Advocate
For the Respondent : Mr. J.C. To G.A.
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9/17.06.2011
In this writ petition, the petitioner has prayed for a direction on the
respondents to revise and fix the petitioner’s pension in the scale of
Rs.2125-8000/- which was his last scale of pay at the time of his retirement.
It has been stated that the petitioner at the time of retirement was given
revised pay scale, but his pension has been wrongly fixed at a lower pay scale.
The petitioner made request and also filed representation for re-fixing his
pension at the appropriate admissible scale, but the same was not heeded upon
and no order has been passed till date.
A counter affidavit has been filed on behalf of the respondents stating,
inter alia, that the petitioner’s pension has been revised in view of the
Accountant General letter no.PEN 14-3715 dated 14.6.2000 w.e.f. 1.1.96 and
on the basis of revision of pay, his pension has also been revised. There cannot
be re-revision of pension and the petitioner is not entitled to get revision of
pension, claimed by him.
I have heard learned counsel for the parties and perused the facts and
materials on record. It is an admitted position that the petitioner is a retired
employee. He has raised objection regarding fixation of his pension and prayed
for revision. For that purpose, he has also approached the concerned authority,
but no order was passed.
The respondents, however, have contested the petitioner’s claim by filing
a counter affidavit. They have denied the relief- prayed for by the petitioner. But
it is an admitted position that the respondents had not passed any speaking
order regarding the petitioner’s claim so far.
In view of the above, this writ petition is disposed of directing the District
Superintendent of Education, Godda to consider the petitioner’s claim and pass
a speaking order within a period of six weeks from the date of receipt/production
of a copy of this order.
Narendra Nath Tiwari, J.)
s.b.