SHIV SHANKAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) CERTAIN disputes have arisen with regard to the pay scale which was granted to petitioner from 1.1.1986. The objection raised by the office of the Accountant General, Bihar vide memo no. 35 dated 12.1.2001 was responded to by the petitioner. Learned counsel for the Accountant General, Bihar subnets that based on the fact trom the District Superintendent of Education the final pension of the petitioner has already been fixed. He refers the order of this Court passed in CWJC No. 7895 of 2002. The order is dated 6.9.2002. The writ in question is the current writ which is pending consideration before this Court. There is no direction by this Court to fix his final pension vide order dated 6.9.2002. The court while rejecting the claim of petitioner for interim order only allowed the authority to make payment of admitted dues to the petitioner. There seems to be some communication gap somewhere - In the given facts of the case the District Superintendent of Education, Sheohar is hereby directed to forward the service book of petitioner to the office of the Accountant General, Bihar afresh and the office of the Accountant General, Bihar shall consider the case of petitioner in the light of annexure -2. Learned counsel for petitioner is given liberty to file a fresh copy of annexure -2 before the competent authority including the Accountant General, Bihar and they shall take the stand of petitioner indicated in annexure -2 for consideration and exarnine his case in accordance with the Government Circular indicated therein. Needless to say that if the stand of petitioner is correct then appropriate orders for re -fixation may be made. If the authority do not find any infirmity in the fixation then they shall pass speaking order and communicate the same to petitioner. Let the entire exercise be completed within a period of three months from the date of communication or production of a copy of this order.lt will be open to petitioner to take further step if he is dissatisfied with the decision of the authority in this regard.

(3.) THIS writ application is disposed of with the above direction.