Research › Search › Judgment

Patna High Court · body

2010 DIGILAW 722 (PAT)

Krishnadeo Lal Das v. State Of Bihar

2010-04-12

JYOTI SARAN

body2010
JUDGEMENT 1. Heard Mr. Ram Chandra Lal Das, learned counsel for the petitioner, Mr. S.K. Ghosh, learned AAG-2 for the State and learned counsel for the Accountant General. 2. This court had taken note of the pending grievance of the petitioner in relation to refixation and re-calculation of pension and pensionary entitlements after grant of time bound promotion, the payment of arrears of salary in the light of the order dated 9.3.2005 of the District Magistrate, Madhubani (Annexure-3) and payment of arrears of pension to the tune of Rs. 3,18,113/- in the light of Treasury Officers letter dated 3.11.2009 (Annexure-6). 3. Today a supplementary counter affidavit has been field on behalf of respondent nos. 2 to 4 and in which it is stated that in so far as the arrears of pension amount under Treasury officers letter dated 3.11.2009 is concerned, the same has been approved for payment under order dated 27.3.2010 and placed at Annexure-B to the supplementary counter affidavit filed today under the orders of the Block Development Officer, Basopatti. 4. In that view of the matter, there should not be any impediment in payment of the said amount and which should be paid to the petitioner without any further delay. 5. In so far as the arrears of salary is concerned, a statement to that effect has been made in para-11 ot the supplementary counter affidavit that the arrears of salary for the period July, 1987 to June, 2001 to the tune of Rs. 2,53,075/- had been paid to the petitioner and similar statement had also been made in para-7 of the main counter affidavit filed in the present proceedings in which it was stated that the said amount was sent to the petitioner through registered post on 16.3.2005 i.e. subsequent to the order of the District Magistrate dated 9.3.2005 as contained in Annexure-3. 6. In so far as the time bound promotion is concerned, it is stated that the petitioner has produced no document in support of the said claim. 7. Learned counsel for the petitioner submits that the payment of the post retiral benefits has been granted to him without according the benefit of time bound promotion and refixation after taking into consideration the prayer aforesaid. 8. 7. Learned counsel for the petitioner submits that the payment of the post retiral benefits has been granted to him without according the benefit of time bound promotion and refixation after taking into consideration the prayer aforesaid. 8. Having regard to the circumstances that as according to the respondents the entire pre-retiral as well as post retiral dues of the petitioner as found admissible by the respondents, have since been paid to him, no purpose would be served in keeping the writ petition pending and the same is disposed of with a liberty to the petitioner if he is yet aggrieved by the action of the authorities in determination of post retiral benefits, to raise his claim before the authority concerned with supportive documents and details and which should be considered and disposed of in accordance with law within a period of three months from the date of receipt/ production of a copy of this order. 9. The writ petition stands disposed of with the liberty aforesaid.