Patna High Court - Orders
Rajkishor Prasad, vs Union Of India on 15 April, 2019
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7222 of 2019
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Rajkishor Prasad, aged about 63 years, Male s/o Late Jodhan Singh ... Petitioner
Versus
Union of India and others ... Respondents
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Appearance :
For the Petitioner : Mr.Arun Kumar Tiwari, Advocate
For the Respondents : Mr.Awadhesh Kr. Pandey, Sr. C G C
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 15-04-2019Heard learned counsel for the petitioner and learned counsel appearing for the Union of India.
The petitioner retired from the post of Museum Attendant, Archaeological Survey of India, posted at Nalanda with effect from 30.06.2016. Learned counsel appearing for the petitioner submits that although he had not opted for commutation of pension, his 40% pension was commuted and commutation amount of Rs.2,62,536/- was sanctioned to him. He submits that the petitioner returned PPO No.112101601331 to the respondent no.5, Assistant Superintendent, Archaeological Survey of India, Archaeological Museum, Nalanda vide letter dated 16.09.2016, as contained in Annexure 1 for correction/modification in the aforesaid PPO. The Senior Accounts Officer, Pay & Accounts Office, Archaeological Survey of India, Janpath, New Delhi vide Letter No. PAO/ASI/ND/Pen/F-4575/4083 dated 01.12.2016 had communicated the Pay & Accounts Officer, Central Pension Accounting Office, Bhikaji Cama Place, New Delhi for Patna High Court CWJC No.7222 of 2019(2) dt.15-04-2019 2/2 cancellation of commutation of pension and prepare the PPO of the petitioner without commuting the pension, which is contained in Annexure P/3. Learned counsel for the petitioner further submits that the name of petitioner's wife Rita Devi has been incorrectly mentioned in the PPO as Sita Devi which has also been sent by the respondent no.5, Assistant Superintendent, Archaeological Survey of India, Archaeological Museum, Nalanda to the Pay & Accounts Officer, Pay & Accounts Office, Archaeological Survey of India, Janpath, New Delhi for such correction vide Letter dated 26.04.2017, as contained in Annexure P/7.
Learned counsel appearing for the Union of India is directed to seek instruction and file a counter affidavit within four weeks, specifically enclosing the revised PPO duly deleting the value of commutation with necessary correction in the name of the petitioner's wife.
List this matter under the heading "To Be Mentioned"
on 16th May, 2019.
(Nilu Agrawal, J) Shashi U