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2010 DIGILAW 315 (PAT)

Sri Chand Prasad v. State Of Bihar

2010-03-10

JYOTI SARAN

body2010
JUDGEMENT 1. Heard Mr. Sushil Kumar Roy, learned counsel for the petitioner, Mrs. Juhi Kumari, learned Assisting Counsel to SC 14 for the State and Mr. J.P.Karn, learned counsel representing the Accountant General. 2. The petitioner was appointed in the department of Agriculture on the post of Jan Sewak (V.L.W.) with effect from 3.1.1969 and was granted promotion to the junior selection grade vide order dated 7.3.1986 with effect from 1.4.1981. While the petitioner was posted in the office of the Sub Divisional Agriculture Officer Extension-I, Jamui, he was granted a second time bound promotion with effect from 3.1.1994. Although the second time bound promotion was granted to him and he superannuated on completing the age of 58 years on 31.1.2003, but the financial benefits flowing there from were not granted to him leading to the filing of the present writ petition. 3. The writ petition was filed with a prayer for refixation of the pension of the petitioner in the revised pay scale as admissible to him on the basis of second time bound promotion with effect from 3.1.1994, for recalculation of other benefits, viz, arrears of salary, gratuity, pension etc. 4. A short counter affidavit has been filed on behalf of the respondent nos.5 to 7, the District Magistrate, Jamui, the District Agriculture Officer, Jamui and The Sub Divisional Agriculture Officer Extension-I, Jamui and in para-7 thereof, it is stated that after retirement, the petitioner had been paid his entire retiral benefits except the amount of time bound promotion and ACP. It is thereafter stated that the economic benefits of time bound promotion and ACP has also been provided to the petitioner through Bank Draft dated 31.3.2007 for an amount of Rs.4577/- and Bank Draft dated 3.10.2003 for an amount of Rs.15,319/-. However, there is no statement as regarding the refixation of the pension and gratuity of the petitioner as a consequence of grant of the aforesaid two benefits. 5. However, there is no statement as regarding the refixation of the pension and gratuity of the petitioner as a consequence of grant of the aforesaid two benefits. 5. In such situation, no useful purpose would be served in keeping this matter pending and the same is disposed of with a direction to the respondent nos.5 to 7 to examine the claim of the petitioner for refixation and his other entitlements in the light of the time bound promotion and the ACP granted to him and take appropriate steps for sanction, authorisation and payment of the consequential benefits flowing there from, within a period of three months from the date of production/receipt of a copy of this order, in case the said benefits has not yet been granted to the petitioner. 6. The writ petition stands disposed of.