IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.421 of 2011 In (CIVIL WRIT JURISDICTION CASE 2097/2011) Bihar State Election Commission through the Secretary Ahi Bhushan Pandey S/O Late Babua Nand Pandey, R/O Vill. Teghra, P.S.-Manjhi, Distt.-Saran, Presently Working As Secretary, State Election Commission, Bihar Sone Bhawan, 3rd Floor, Beer Chand Patel Path, Patna-800001. ..... .... ... Appellant Versus 1. The State Of Bihar through Chief Secretary, Govt. Of Bihar, Patna. 2. The Secretary, General Administration Deptt., Govt. of Bihar, Old Secretariat, Patna. 3. The Secretary, Deptt. Of Panchayati Raj, Govt. of Bihar, New Secretariat, Patna. 4. The Secretary, Law Deptt., Govt. of Bihar, Patna. ....Respondents For the Appellant: Mr. R. S. Pradhan, Sr. advocate Mr. Sanjeev Nikesh, advocate For the State: Mr. Jainendra Kr. Sinha, AC to GA 6 ---------------------------------- 3 01-08-2011 Heard the parties. It appears that a claim with regard to Dearness Allowance on the amount of additional pension of Rs. 450/- per month under Rule 7 of Bihar State Election Commissioner (Appointment and Service Conditions) Rules, 1998 (hereinafter referred to as `the Rules’) has been pending for last one decade. From the counter affidavit filed on behalf of respondent no.3, the Secretary, Department of Panchayati Raj, Government of Bihar, it appears that upon representation filed by erstwhile State Election Commissioner, Bihar, Patna for payment of Dearness 2 Allowance on the additional pension, the matter was referred to the Law department because Finance department did not agree with the claim. In paragraph 5 of the counter affidavit it has been mentioned that Law department obtained opinion of the Advocate General, Bihar which is in favour of grant of Dearness Allowance on additional pension. The Law department agreeing with the opinion of Advocate General, Bihar has referred the matter back to the Finance department for necessary approval. According to counter affidavit appropriate decision or action shall be taken only after receipt of approval/ recommendation of the Finance department which is awaited. Rule 7 of the Rules uses the expression “additional pension” in respect of Rs. 450/- to be paid every month in addition to the regular pension which a retired State Election Commissioner may be receiving. On behalf of appellant reliance has been placed upon a Division Bench judgement of this court dated 21-6-2004 in the case of Syed Sarwar Ali vs. 3 State of Bihar & Ors reported in 2004 (3) PLJR 642. That judgement in paragraph 8 considered the issue as to why State of Bihar should not pay Dearness Allowance on the admissible additional pension. The decision is in favour of grant of Dearness Allowance as claimed by the appellant over the amount of additional pension. Following the aforesaid judgement, the claim of the appellant is allowed. The appeal is, thus, allowed. The order of the writ court shall stand modified accordingly. The respondents should issue consequential orders and benefits within a period of three months from today. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)