IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3789 of 2007 RANJAN KISHORE, Son of Late Raghunath Prasad, Resident of House No.-200, Patliputra Colony, P.O. + P.S.-Patliputra, Patna-800013 Versus 1. THE STATE OF BIHAR through its Chief Secretary. 2. The Commissioner-cum-Secretary, Labour Employment and Training, Govt. of Bihar, Patna. 3. The Commissioner-cum-Secretary, Finance, Govt. of Bihar, Patna. 4. The Director, Labour Employment and Training, Govt. of Bihar, Bailey Road, patna-800001 5. The Treasury Officer, Patna Secretariat Treasury, Patna. 6. The Accountant General, Bhar, Birchand Patel Path, Patna. ----------- 2 01.02.2010 Heard Mr. Vivek Prasad learned counsel appearing on behalf of the petitioner, Mr. Ajay Kumar Singh learned A.C. to S.C. 6 for the State and Mr. Arun Kumar Arun learned counsel appearing on behalf of the Accountant General. The petitioner who is the son of late Raghunath Prasad, who died in harness on 7.9.1977 while holding the post of Assistant Labour Commissioner, Government of Bihar has raised the grievance as to the quantum of family pension admissible to his late mother. It is stated that after death of the late Raghunath Prasad his widow starting drawing family pension with effect from 8.9.1977 2 pursuant to the pension payment order as placed at Annexure-1 to the writ petition. It is next stated that under the resolution of the Finance Department bearing No. 660 dated 8.2.1999 the revised pay scale were implemented in the Department(s) of the Government of Bihar and pursuant thereto the scale of Assistant Labour Commissioner was revised from Rs. 3000/- 4500/- to Rs. 10,000/- 15,200/- with effect from 1.1.1996 although the actual payment was to be made with effect from 1.4.1997. The relevant extract of the pay scales has been enclosed at Annexure-2 to the writ petition. It is stated that as the emoluments of Assistant Labour Commissioner was revised to 10,000/- 15,200/- with effect from 1.1.1996 pursuant to the pay revision, hence even the family pension drawn by the petitioner’s mother ought to have been revised with effect from 1.1.1996 and financial benefits paid from 1.4.1997. Learned counsel appearing on behalf of the petitioner with reference to a resolution of the Government of Bihar in its Finance Department dated 22.12.1999 (Annexure- 3) submits that in terms of the stipulation made in paragraph 6 of the said circular the 3 family pension was paid at the rate of 30% of the initial scale and thus his mother ought to have been paid her family pension at a minimum scale of Rs. 3000/- per month with effect from 1.4.1997 but she was being paid only a sum of Rs. 2497/- inclusive of dearness allowance. Learned counsel thus submits that his mother was entitled in law to receive at least a basic family pension of Rs. 3000/- per month and plus the dearness allowance admissible thereon and which has been denied to her. He submits that unfortunately his mother expired on 23.2.2006. Learned counsel appearing on behalf of the State with reference to the counter affidavit filed on behalf of the Joint Labour Commissioner submits that once the pension payment order has been issued by the Department concerned it is the duty of the Accountant General, Bihar, Patna to make revision in the family pension payable to pensioner in the light of the pay revision. Mr. Arun Kumar Arun learned counsel representing the Accountant General submits that they have acted on this issue and have also written to the Treasury Officer seeking certain information but which has not yet been 4 received by them. Having regard to the rival contentions and the claim put forth by the present petitioner it is evident that no doubt the mother of the petitioner was fully entitled to get her family pension revised in the light of the resolution of the Finance Department dated 8.2.1999 with effect from 1.1.1996 with actual benefits payable from 1.4.1997. The delay on the part of the authorities to have acted pursuant to the pay revisions cannot take away the claim admissible to the late mother of the petitioner. In that view of the matter, this writ petition is disposed of with a liberty to the petitioner to file a detailed representation before the Accountant General, Bihar, Patna with supportive documents and resolutions with a request of making revision of the family pension admissible to the mother of the petitioner payable with effect from 1.4.1997 and which shall be considered by the Accountant General, Bihar, Patna and if the same is found admissible then necessary authorization be issued for payment of the arrears of family pension admissible to the mother of the 5 petitioner with effect from 1.4.1997 and whereafter the Treasury Officer would calculate the differential amount that would be admissible to the mother of the petitioner for the period 1.4.1997 until 23.2.2006 after adjusting the pension received by her and remit the said amount to the concerned Bank Account in which the pension deposit were being made. The exercise should be completed expeditiously and preferably within four months from the date of filing of the representation. This writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )