SYED SARWAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a very simple matter which should have been sorted out at the level of the State administration itself. The issue apparently has lingered for eight years because the State of Bihar has not been able to take a decision on whether the then Lokayukta, Bihar, the Hon ble Mr. Justice Syed Sarwar Ali, also Acting Chief Justice, Patna High Court, should get dearness allowance on the additional pension as a consequence of his tenure.

(2.) NOTICE was issued on this petition on 26 April, 2004. A writ of certiorari was issued to the State of Bihar for production of the original record. After 26 April, 2004 the matter was adjourned to 19 May, 2004. It was again adjourned on 21 May, 2004 to be put up after Summer Vacations. The last adjournment, the Court was given to understand, was on behalf of the Chief Secretary, Government of Bihar, who was supposed to be looking into the matter. Today it is one month beyond the request of the last adjournment and nothing has been indicated to the Court except that another adjournment is being sought. The record eludes the Court also.

(3.) THE Hon ble Mr. Justice Syed Sarwar Ali retired as a Judge in 1984. This is 20 years ago. He is 82 years old today. He did his tenure as Lokayukta between 1991 and 1996. He has discharged, as public service, his assignment as a Lokayukta. The Lokayukta is appointed under the Bihar Lokayukta Act, 1973. The conditions of Service of a Lokayukta are laid out in the Bihar Lokayukta (Condition of Service) Rule 1974. The emoluments, of which pension is part, cannot become an issue so that the State government may take its time in reaching its decisions to create issues out of non -issues with the ultimate embarrassment that the incumbent who has held the high office has to seek remedies in the very Court where he presided as an Acting Chief Justice.