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Patna High Court

Lal Bahadur SinghversusThe Union of India through Ministry of Home Affairs,

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, but the petitioner may approach the authority for representation if unsatisfied with the settled amount.

Summary

Lal Bahadur Singh filed a writ petition seeking enhancement of his pension after his monthly salary was corrected. The Union of India contended that the pension had already been enhanced, thereby addressing the grievance. The petitioner argued that, despite the enhancement, the amount payable under the third ACP had not been calculated. The Court observed that a fresh cause of action arose concerning the third ACP calculation. Consequently, the petition was disposed, with the Court granting the petitioner liberty to file a representation before the concerned authority if dissatisfied with the settled amount.

Issues considered

  • Whether the enhancement of the pension amount after salary correction satisfies the petitioner's grievance.
  • Whether the amount payable under the third ACP must be calculated and awarded.

Subjects

  • pension
  • civil writ
  • enhancement
  • third ACP
  • representation
  • cause of action

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2587 of 2022
                 ======================================================
                 Lal Bahadur Singh Son of Pancham Singh, Resident of Village - Babura Ward
                 No. 6, P.S. - Babura, District - Bhojpur.

                                                                              ... ... Petitioner/s
                                                   Versus

           1.    The Union of India through Ministry of Home Affairs, North Block, Cabinet
                 Secretariat, New Delhi.
           2.    The Director General C.R.P.F., C.G.O. Complex, Pragati Bihar, New Delhi.
           3.    D.I.G., C.R.P.F. Group Centre, C.R.P.F., Pune, Maharastra.
           4.    D.I.G., C.R.P.F. Group Centre, C.R.P.F., Mokamaghat, Patna, Bihar.
           5.    Superintendent - 191 Batalian, C.R.P.F., Warsha, Gardhchiroli, District -
                 Maharastra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Anurag Saurav, Advocate
                                               Mr. Ankesh Bibhu, Adv.
                                               Ms. Sharda Raje Singh, Adv.
                 For the Union of India   :    Mr. Awadhesh Kr. Pandey, Sr. CGC
                                               Mr. Abhishek Kr. Verma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   12-01-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the Union of India.

                                 2. The present writ petition has been filed seeking

                   enhancement of the petitioner’s pension amount after making

                   the necessary corrections to his monthly salary.

                                 3. Learned counsel for the Union of India submits that

                   the pension amount has been enhanced and, as such, the

                   grievance of the petitioner has been redressed.

                                 4. Learned counsel for the petitioner, on the other
         Patna High Court CWJC No.2587 of 2022(3) dt.12-01-2026
                                                     2/2




                   hand, submits that although the pension amount has been

                   enhanced, the amount payable under the third ACP has not been

                   calculated.

                               5. In light of the submissions made above, it

                   transpires to this Court that a fresh cause of action has arisen for

                   the petitioner.

                               6. Accordingly, the present writ petition stands

                   disposed off, granting liberty to the petitioner that, if he is not

                   satisfied with the settled amount, he shall be at liberty to file a

                   representation before the concerned authority.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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