IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3140 of 2010 MOHAMMAD ANISUDDIN HAIDER SON OF M.A. SHAKOOR, RESIDENT OF ANWAR HOUSE, P.S.- AIRPORT, P.O.- KHAJPURA, DISTRICT – PATNA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-PRINCIPLE SECRETARY, COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER-CUM-PRINCIPLE SECRETARY, COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ACCOUNTANT GENERAL (A&E) BIHAR, MAHALIKHAKAR BHAWAN, BIRCHAND PATEL PATHA, PATNA. ----------- 02. 23.02.2010 Heard learned counsels for the petitioner, State as also the Accountant General. The grievance of the petitioner is that upon his superannuation on 30th of June 2009 from the post of Deputy Commissioner of Commercial Taxes, the sanction for pensionary benefits has been fixed on the basis of last pay drawn by the petitioner. According to the petitioner, last drawn salary was Rs. 29,000/- whereas the authorities have not considered the aforesaid amount for the purpose of sanctioning the pensionary benefits. However, the last pay drawn, taken into consideration was Rs. 12,000/- as basic pay. Learned counsel for the petitioner submits that petitioner pointed out the above discrepancy but the authorities have not taken into consideration. Learned counsel appearing for the respondent- State submits that the grievance of the petitioner shall be 2 considered without delay as per law. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of his aforesaid grievance as highlighted in this writ application, petitioner proposes to file a representation before the respondent no. 2. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider each of the claims raised by the petitioner in his representation in accordance with law expeditiously, preferably within a period of three months on receipt of such representation, respondent no. 2, shall simultaneously issue necessary order with regard to the revised sanction for pensionary benefits. However, in case representation of the petitioner is not accepted, the same shall be communicated to the petitioner with the reasons thereof. The writ application stands disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J.)