IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17783 of 2008 Mithila Sharma, Son of Late Ram Adhar Sharma, Resident of Village – Jamalpura, P.O. – Korwan, P.S. – Naubatpur, District – Patna, At present Ganga Bihar Colony, Beuar, P.O.-+P.S. – Beuar, District – Patna. ----------- Petitioner Versus 1. The State Of Bihar. 2. The Accountant General (A&E) IInd, Bihar, Patna. 3. The Joint Secretary-cum-Director, Provident Fund Directorate, Finance Department, Government of Bihar, Patna. 4. The District Provident Fund Officer, Samastipur. 5. The District Magistrate- cum - Collector, Samastipur 6. The Commissioner, Minor Irrigation Department, Govt. of Bihar, Patna. -------------- Respondents ---------------------------------- 2 14.12.2011 Heard Sri Gopal Govind Mishra, learned counsel for the petitioner, Sri Vijay Kumar Verma, learned A.C. to Standing Counsel No. 5, appearing on behalf of Respondent No. 1 & 3 to 6 and Sri Vivekanand Kunwar, learned counsel for Respondent No. 2/Accountant General, Bihar, Patna. The present writ petition was filed with a prayer to direct the Respondents to fix his pension in the scale of Rs. 5500/- to Rs. 9000/- with effect from 01.01.1996 and also a prayer has been made to quash ‘Annexure-4’ series whereby the pension of the petitioner has been fixed in the scale of Rs. 4500/- to Rs. 7000/-. Learned counsel for the petitioner submits that in identical situation three writ petitions were allowed by this court vide CWJC No. 12968 of 2003 (Trilokee Prasad Verma Vs State of Bihar & Ors.) disposed of on 21.02.2005, CWJC No. 11777 of 1999 (Rameshwar Singh Vs State of Bihar & Ors.) disposed of on 05.09.2002 and CWJC No. 1188 of 2 2006 (Brij Bihari Sharma Vs State of Bihar & Ors.) disposed of on 31.10.2007. The writ petition i.e. CWJC No. 1188 of 2006 was allowed in view of orders passed by this court in CWJC No. 12968 of 2003 and CWJC No. 11777 of 1999. The petitioner had retired on 31.12.1999 as ‘Head Clerk’ from the Office of District Provident Fund, Samastipur. In this case counter affidavit has been filed by Respondent /Accountant General, Bihar, Patna, as well as Respondent /State of Bihar. Of-course, in the counter affidavit, Respondent/State had denied the claim of the petitioner but there is nothing on record to show as to whether the case of the petitioner was considered in the light of three orders passed by this court referred hereinabove. In view of the facts and circumstances, the court is of the opinion that instead of passing a positive order the writ petition can be disposed of granting liberty to the petitioner to file a detailed representation before Respondent No. 3/ Joint Secretary-cum-Director, Provident Fund Directorate, Finance Department, Government of Bihar, Patna, within a period of six weeks from today. If such representation is filed, the court expects that the Respondent No. 3 will examine the same in accordance with law as well as in the light of orders passed by this court in earlier writ petitions which has been referred hereinabove. The decision 3 on representation is required to be taken within a period of three months from the date of filing of such representation. Even in case of refusal, the Respondent No. 3 is required to pass a speaking order and communicate the same to the petitioner within three months from the date of filing of such representation. The writ petition stands disposed of. Praful ( Rakesh Kumar, J.)