Patna High Court - Orders
Dr. Dharnidhar Thakur vs The State Of Bihar & Ors on 28 August, 2014
Author: Jayanandan Singh
Bench: Jayanandan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8957 of 2013
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Dr. Dharnidhar Thakur, son of Late Bhagwat Thakur, resident of Village
and Post Office- Lavgaon, Police Station- Gangaur, District- Khagaria, at
present Near Swami Narayan Mandir, Katras Road, Dhanbad, Police Station
Bank More, District- Dhanbad, Pin- 826001, Jharkhand
.... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Bihar, Patna
2. The Deputy Secretary, Department of Health, Bihar, Patna
3. The Under Secretary, Department of Health, Bihar, Patna
4. The State of Jharkhand through the Secretary, Department of Health,
Ranchi, Jharkhand
5. The Regional Deputy Director Health Services, North Chhotanagpur
Division, Hazaribagh, Jharkhand
6. The Civil Surgeon-Cum-Chief Medical Officer, Dhanbad, Jharkhand
7. The Accountant General, Bihar, Birchand Patel Path, Patna
.... .... Respondents
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Appearance :
For the Petitioner : Mr. Shashidhar Jha, Advocate
For the State : Mr. Manoj Kumar Ambastha, GP 14
Mr. Sanjay Kr. Pandey, AC to GP 14
For Respondent Nos.4 to 6: Mr. Dhruba Mukherjee,
Mr. Arya Dev, Advocates
For Respondent No.8 : Mr. Binod Kumar Labh, SC
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CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH
ORAL ORDER
2 28-08-2014Learned counsel for the petitioner submits that though, during the pendency of this writ application, petitioner has been granted pay-scale of Rs.14200-18300 with due date by notification contained in Memo No.412 (3) dated 08.10.2014 vide Annexure-A with the counter affidavit of respondent no.3 and his pension has been consequently revised, arrears of the same have not been paid to him.
It goes without saying that if pay-scale of petitioner Patna High Court CWJC No.8957 of 2013 (2) dt.28-08-2014 2/2 has been revised and salary has been fixed in higher pay-scale, corresponding revision of pension of petitioner is required to be made, and arrears of salary on account of revision of pay also have to be paid to him in addition to arrears of difference of revision.
Since petitioner has superannuated from the post of Regional Deputy Director, Health Department, the Principal Secretary, Health Department, Bihar, Patna is directed to examine the matter, make necessary enquiries and see to it that corresponding revision of pension of petitioner is allowed with orders for payment of difference of arrears of salary as well as pension also within two months from the date of receipt/production of a copy of this order.
This writ application is disposed of with the aforesaid observations and directions.
(Jayanandan Singh, J) B.T/-
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