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2018 DIGILAW 2470 (JHR)

Edith Minz v. State of Jharkhand

2018-11-05

APARESH KUMAR SINGH

body2018
JUDGMENT : Heard learned counsel for the petitioner, State of Bihar and State of Jharkhand. 2. Grievances of the petitioner is that her pension has not been revised under the 5th PRC, 6th PRC and 7th PRC, which she is getting on her retirement on 31.08.1996 from the post of Assistant Teacher, Rajkiya Uchcha Vidyalay, Bajra, Ratu, Ranchi. Her pension was fixed in the basic pay of Rs.1644/-w.e.f. 01.09.1996 without giving the effect of 5th PRC vide PPO No. 267126 (Annexure-4). Representation was made to the Principal Secretary, Education Department, Bihar vide Annexure-6 earlier. Office of Accountant General (A&E), Patna, Bihar has through memo no. 262 dated 28.04.2014 requested the Director(Administration) cum Additional Secretary, Education Department, Patna, Bihar to provide the service book of the petitioner for revision in her pension (Annexure-7). 3 Learned counsel for the petitioner submits that even after such communication, grievances have been not been redressed though petitioner represented before the Additional Secretary, Finance Department and the Director (Administration) cum Additional Secretary, Education Department through representations at Annexure-8 series. Petitioner is suffering serious monetary loss because of non-revision of her pension. 4. Learned counsel for the Respondent State of Bihar submits that instructions have not been received in the matter as it has been taken up for the first time. However, direction can be issued upon the competent authority/Respondent no.6, Director (Administration) cum Additional Secretary, Education Dept., Patna, Bihar to supply the complete service book of the petitioner to the office of Accountant General(A&E) Bihar for the purpose of revision in pension. 5. Learned counsel for the Respondent State of Bihar does not dispute the statement of learned counsel for the petitioner that her service book lies with the competent authority under the State of Bihar. 6. 5. Learned counsel for the Respondent State of Bihar does not dispute the statement of learned counsel for the petitioner that her service book lies with the competent authority under the State of Bihar. 6. Having considered the submission of learned counsel for the parties in the light of the relevant facts borne from record taken note above, this Court is of the opinion that the writ petition can be disposed of with a direction to the competent authority/Respondent no.6 Director (Administration) cum Additional Secretary, Education Dept., Patna, Bihar to consider the grievances of the petitioner in the light of the communication of the Accountant General (A&E), Bihar vide Annexure-7 and accordingly transmit the service records of the petitioner to Respondent no.8, Accountant General (A&E), Bihar for entailing the exercise of revision in her pensionary dues as per pay revision made applicable after her retirement till date. Let such decision be taken by the competent authority/ respondent no.6 within a period of 6 weeks from the date of receipt of the copy of this order. Needless to say, Respondent no.8 would undertake the contemplated exercise for revision in pension without any delay thereafter and if there are no other legal impediment, release the authority slip for payment of admissible arrears of her pension. 7. The writ petition is disposed of accordingly.