Patna High Court
Ram Khelawan MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the Accountant General must complete the necessary formalities and pay the pension arrears to the petitioner within four weeks.
Summary
Ram Khelawan Mahto, a retired Khalasi of the Water Resources Department, filed a writ seeking payment of pension arrears, revision of pension under a 2017 finance notification, arrears for unutilized earned leave, and salary with interest for the period before his retirement. The petitioner argued that a sanction order dated 11.06.2022 had been issued and that the Accountant General should be directed to complete the necessary formalities. The respondents, representing the State and the Accountant General, contended that the matter could be disposed by directing the Accountant General to ensure payment. The Court examined the submissions and found that the sanction order existed, and therefore directed the Accountant General to complete the formalities and pay the arrears within four weeks. With this direction, the writ application was disposed.
Issues considered
- Whether the petitioner is entitled to pension arrears for the period 01.03.2008 to 31.05.2010
- Whether the pension should be revised in accordance with Notification No.755 dated 20.10.2017
- Whether arrears arising from unutilized earned leave on the revised salary are payable
- Whether salary for the period 01.04.2007 to 29.02.2008 with statutory interest is payable
- Whether the Accountant General should be directed to complete the necessary formalities for payment
Subjects
- pension
- arrears
- government employee
- Water Resources Department
- civil writ
- statutory interest
- accountant general
- notification 755
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6744 of 2022
======================================================
Ram Khelawan Mahto son of Late Vasudev Mahto, resident of Village
Sanahpur, P.S. Singhwara, District Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Water Resource Department,
Govt. of Bihar, Patna.
2. The Principal Secretary, Water Resource Department, Govt. of Bihar, Patna.
3. The Chief Engineer, Irrigation Water Resource Department, Saharsa
4. The Superintending Engineer, Canal Circle, Water Resource Department,
Saharsa
5. The Executive Engineer, Birpur Division, Water Resources Department,
Birpur
6. The Accountant General, A and E, Bihar, Patna
7. The Treasury Officer, Darbhanga
8. The Branch Manager, Bedouli Branch, Bank of India, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh
For the Respondent/s : Mr. Ram Kinker Choubey
Mr. Rupak Kumar
Mr. Vikrant Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 30-01-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been
filed seeking direction to the respondent authorities
to:
(i) make payment of the pension amount of Rs.
1,06,121/- for the period from 01.03.2008 to
31.05.2010;
(ii) revise the pension in light of Notification No.
755 dated 20.10.2017 issued by the Finance
Department;
(iii) pay arrears arising from the difference of
unutilized earned leave on the revised salary; and
Patna High Court CWJC No.6744 of 2022(6) dt.30-01-2026
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(iv) pay salary for the period from 01.04.2007 to
29.02.2008 along with statutory interest to the
petitioner, who retired on 29.02.2008 from the post
of Khalasi in the Water Resources Department,
Birpur; and for any other relief(s) to which the
petitioner may be entitled in the facts and
circumstances of the case.
3. Learned counsel for the petitioner, referring to
paragraph 10 of the counter-affidavit filed on behalf of
Respondents No. 1 to 5, submits that the appropriate sanction
order, in compliance with the query raised by the office of the
Accountant General, has already been issued under the signature
of the Executive Engineer, Irrigation Division, Birpur, vide
Letter No. 757 dated 11.06.2022. It is further submitted that the
office of the Accountant General may be directed to complete
the necessary formalities within a fixed timeline.
4. Learned counsel for the State and the Accountant
General submits that the matter may be disposed of with a
direction to the office of the Accountant General to carry out the
necessary formalities and ensure payment of the arrears of
pension.
5. Considering the submissions of the parties, the
office of the Accountant General is hereby directed to carry out
the necessary formalities in terms of Letter No. 757 dated
Patna High Court CWJC No.6744 of 2022(6) dt.30-01-2026
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11.06.2022 and ensure payment of the arrears of pension to the
petitioner within a period of four weeks from the date of receipt
or production of a copy of this order, if the same has not already
been paid.
6. With the aforesaid observation and direction, this
application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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