IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3930 of 2007 RAM MILAN SINGH son of late Bindeshwari Prasad Singh, resident of village Mannipur, P.O.Sari, P.S. Warisnagar District Samastipur. Versus 1. THE STATE OF BIHAR 2. The District Education Superintendent, Samastipur. 3. The Treasury Officer, Samastipur. 4. The Accountant General (A & E) Bihar, Patna. ----------- 5 12.04.2010 Heard Mr. Kumar Praveen, learned counsel appearing on behalf of the petitioner, Mr. Uday Shankar Singh, learned A.C. to G.A.3 for the State and Mr. Rakesh Kumar Singh, learned counsel representing the Accountant General. The petitioner is aggrieved by the action of the authorities more particularly, the Accountant General, Bihar, Patna in fixing his pension on the basis of the monthly salary of Rs. 8300/- in place of the actual salary drawn by the petitioner of Rs. 8450/- per month on the date of his superannuation. The pension payment order dated 18.6.2003 is placed at Annexure-1 of the writ petition and in which the last pay drawn has been shown as Rs. 8300/- . Learned counsel for the petitioner with reference to the enclosure(s) to the letter of the District Superintendent of Education, 2 Samastipur dated 19.1.2006 placed at Annexure-3 of the writ petition submits that the pension papers have been processed by the District Superintendent of Education on the basis of the last salary drawn at Rs. 8450/- but the Accountant General in most arbitrary manner has determined the pension at a lower salary. He submits that though the District Superintendent of Education has calculated the entitlement of the petitioner to receive a pension of Rs. 4210/- per month but the Accountant General while authorizing the pension has arbitrarily reduced the same of Rs. 4150/- per month and thus the petitioner has been subjected to a recurring loss of Rs. 60/- each month right since 1.12.2002. A counter affidavit has been filed on behalf of the State and its authorities and who more or less support the claim of the petitioner. It is stated that they have sanctioned and processed the pension papers of the petitioner and had forwarded the same for necessary authorization by the Accountant General on the basis of the last salary drawn. It is further stated that the application of the petitioner for revising the pension was 3 also forwarded but perhaps got lost. It is stated that the authorization of pension and gratuity is done at the stage of the Accountant General and the payment is being made in the said background. A counter affidavit has also been filed on behalf of the Accountant General and enclosing a letter dated 24.4.2007 placed at Annexure-A thereof, it is stated that the District Superintendent of Education had been directed to provide answer to certain queries made by the Accountant General by letter dated 7.10.2005 in relation to grant of increments to the petitioner but no response had been received from the District Superintendent of Education and that the reply is still awaited. That no action was taken by State respondents on the query raised by the Accountant General succinctly demonstrates that no error was found in the last salary drawn by the petitioner. Further whereas the Accountant General has stated that he is awaiting a reply to the query made by him under letter dated 7.10.2005, a perusal of Annexure-3 manifests that the District Superintendent of Education had forwarded the representation of the 4 petitioner for revision of his pension, enclosing the order of calculation of pension and sanction thereof on the basis of the last salary drawn by the petitioner at Rs. 8450/- vide letter dated 19.1.2006 i.e. much after receipt of the letter of the Accountant General. The calculation of the pension made by the District Superintendent of Education, Samastipur enclosed with Annexure-3 substantially explains and satisfies the query raised by the Accountant General and the counter affidavit filed on behalf of the State puts at rest all confusions. In the circumstances the Accountant General is directed to issue a fresh authorization in favour of the petitioner on the basis of the calculation and sanction accorded by the District Superintendent of Education and forwarded along with the letter dated 19.1.2006 placed at Annexure-3 on the basis of the last salary drawn by the petitioner at Rs. 8450/-, within a period of three months from the date of receipt/ production of a copy of this order. Needless to add that the petitioner would be entitled to all the consequential reliefs including the 5 arrears of pension and gratuity etc. in the light of the fresh authorization so issued. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )