SONBHADRA TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for a direction on the respondents to revise his pension, in view of the Government decision, on attaining the age of 80 years. It has been stated that the petitioner is a retired Excise Constable. He has attained the age of 85 years on 1.1.2013. The Government of Jharkhand has adopted the provisions of 6th Pay Revision, whereby the Government has decided to provide additional pension to the retired employees on crossing the age of 80 years. The order has been issued by the Government by Memo No. 660-F dated 28.2.2009, which provides different slabs for increase in pension after attaining the age of 80 years. According to the said provision, after attaining the age of 80 years, the petitioner was entitled for 20% enhancement in the basic pension w.e.f. 1.1.2008. After attaining the age of 85 years, the petitioner is entitled for 30% increase in the basic pension. The petitioner, accordingly, filed representation before the competent authority for enhancement in his basic pension after attaining the age of 80 years, but no order was passed. The petitioner, thereafter, filed this writ petition. During pendency of the writ petition, the petitioner has attained the age of 85 years on 1.1.2013 and from that date onwards, the petitioner is entitled to get 30% enhancement in the basic pension. Learned J.C. to A.G. appearing on behalf of the respondents submitted that if the petitioner's representation is still pending or if the petitioner files fresh representation on attaining the age of 85 years, before the Secretary, Department of Excise, Government of Jharkhand, Ranchi, the petitioner's claim shall be considered and appropriate order shall be passed without any delay.

(2.) Considering the said submissions, this writ petition is disposed of giving liberty to the petitioner to file fresh representation regarding his claim before the Secretary, Department of Excise, Govt. of Jharkhand, Ranchi (respondent No. 3). On receipt of such representation, the said respondent shall consider the petitioner's claim and pass appropriate order in accordance with the above referred Memo No. 660-F dated 28.2.2009 or other related provisions within three weeks from the date of receipt of the representation. If the petitioner's claim is found genuine and supported by the Government circulars, as aforesaid, the respondent No. 3 after passing appropriate order shall immediately send the same to the Office of the Accountant General, Jharkhand for revision of the petitioner's pension with a copy to the petitioner in writing. On receipt of such paper and keeping in view the petitioner's age, the Accountant General shall issue appropriate order for payment of admitted arrears of difference of pension to the petitioner within two weeks thereafter.