IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.369 of 2011 Manobendra Bhattacharjee . Versus The State Of Bihar & Ors . ----------- 3. 13.07.2011 Heard learned counsel for the appellant, for the State and for the Accountant General, Bihar. The appellant is aggrieved by the action of the respondents in paying the dearness allowance only on the basis of pension he is receiving i.e. 50 per cent of the full pension, pursuant to an order of punishment. According to the learned counsel for the appellant, although the appellant is to get only 50 per cent of the pension, he should be paid dearness allowance, as if he was getting full pension. In our view, the dearness is on the basis of what is actually paid as remuneration and pension and not on the basis of any fiction. Hence, we find no infirmity in the action of the respondents. This L.P.A. is, accordingly, dismissed. Jay/ ( Shiva Kirti Singh,J) ( Shivaji Pandey,J)