IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17958 of 2009 SMT.GIRIJA KUMARI W/O LATE PROF. DR. DEVENDRA KUMAR SINGH R/O MOH-ADAMPUR GHAT, DEOGIRI, P.S- ADAMPUR, DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPT. BIHAR, PATNA 2. DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. ACCOUNTANT GENERAL, BIHAR, PATNA 4. D.S.E. BHAGALPUR 5. TRESURY OFFICER, BHAGALPUR ----------- Advocate for the Petitioner :- Pravina Kumari (Rai) Advocate for the State :- SC -6 Advocate for the Accountant General :- Mr. J.P. Karan Sr. Advocate 06. 29.04.2010 Heard learned counsel for the petitioner, State as also the Accountant General. It is submitted on behalf of the petitioner that on perusal of the letter no. 549 dated 21.07.2009(Annexure-A), though the authorization for payment of pension, gratuity and the commuted value of pension has been issued by the Accountant General as per the aforesaid letter vide Annexure- A to the counter affidavit, but without adding the 50 percent of the dearness allowance into the basic pension. In consequence thereof, the petitioner is not receiving the full amount of pension, gratuity and other pensionary benefits. It is further submitted that while fixing the pension of the petitioner, the relevant circulars of the state Government as contained in Annexure- 1 and 2 series have not been taken into consideration. 2 Learned counsel for the Accountant General submits that on receipt of necessary communication with further decision of the State Government if any as requested in the letter contained in Annexure- A, the revision of pension and issuance of necessary authorization would be carried out by the office of the Accountant General. Learned counsel for the State submits that the aforesaid grievance of the petitioner shall be considered in the light of Annexure- 1 and Annexure-2 series of the writ application as also government Resolution No. 470 dated 4.03.2006 and memo No. 1522 dated 17.08.2007 as referred in the letter dated 21.07.2009 issued by the Office of the Accountant General as contained in Annexure- A as also the other extant decision of the State Government at the earliest. In the above circumstance, learned counsel for the petitioner proposes to bring it to the notice of the respondent no. 4 by way of representation. In such view of the matter, in case such representation stating details of unpaid claims, is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents including Annexure- 3 1 and 2 series as also any other relevant materials , if any, in support of the claim, the above respondent shall consider the claims of the petitioner as raised in the representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation so that the grievances of the petitioner could be settled without delay and the admitted dues, if any, could also be paid along with interest permissible under the rules. In case, representation of the petitioner is allowed, respondent no. 4 shall immediately send necessary communication to the Accountant General, government of Bihar, Patna for revision of pension. The writ application stands disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J)