Lakhan Prasad v. General Administration Department

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gyanand Roy For the State : Mr. S.R. Sharan, A.C. to A.A.G.-5 For Accountant General : Mr. Dhanendra Chaubey. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 9 14-09-2012 Heard learned counsel for the petitioner and learned counsels for the State and for the Accountant General. The petitioner has come to this Court for issuance of a direction upon the respondents to immediately sanction payment of arrears of pension for the period from February, 2003 to October, 2011 and also to pay the arrears of pension as well as the current pension. Additional prayer has been made to quash the letter dated 30.11.2011, by which the petitioner has been asked to re-submit the pension Bill in B.T.C. Form 29 in duplicate. Patna High Court CWJC No.2631 of 2012 (9) dt.14-09-2012 2 In the last supplementary counter affidavit filed on behalf of the respondents, it is stated that now the pension of the petitioner has been sanctioned and the entire arrears have been calculated and sent by the Treasury to the State Bank for being deposited in the account of the petitioner. Learned counsel for the petitioner submits that the amounts have not yet been credited in the account of the petitioner, whereas the letter is stated to have been issued on

24.8.2012. It is also the stand of the petitioner that from the letter dated 30.11.2011 (Annexure-1), it is evident that the petitioner had submitted his pension papers on 23.12.2005 and thus, it is the respondents who have delayed in sanctioning the pension of the petitioner and making the payment of the same to him, for which the petitioner would be entitled to get interest over the said amount. The said fact has been denied by the respondents. The factum of delay on behalf of the respondents in the last supplementary counter affidavit has not been explained. In the above circumstances, the writ application is disposed of with a direction to the respondents to ensure that the arrears of pension/current pension are received in the account of the petitioner within a period of two months from today. It is Patna High Court CWJC No.2631 of 2012 (9) dt.14-09-2012 3 further directed that with respect to payment of interest under the Circular of the State Government, the petitioner may file a representation before the authorities concerned, who shall consider and decide the claim of the petitioner in accordance with the provisions of the said Circular after holding a proper enquiry regarding the responsibility for delay as provided in the said Circular. It would also be open to the petitioner to raise any grievance regarding the calculation of the arrears of pension before the appropriate authority. (Ramesh Kumar Datta, J) V.P.Sinha/-