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Judgment
7 03-08-2026 Heard learned Counsel for the Petitioner, learned Counsel for the Accountant General and learned Counsel for the State.
The petitioner has filed the present writ petition with the following reliefs:-
(i)For issuance of appropriate writ/writs in the nature of mandamus for direction to the respondent authorities to pay the arrear of of the salary after considering the claim petitioner regarding the fixation of grade-pay of Rs. 2400/- from 01.01.2006 and a grade-pay of Rs. 2800/- from 24.05.2010.
(ii)Further for issuance of writ of mandamus in nature to the respondent authorities particularly the respondent no. 1 to decide representation given by the petitioner to him through proper channel on 25.01.2018 and take appropriate decision with respect to fixation of the pension of the petitioner in view of letter No.- 3972 dated-12.05.2016 (Annexure-4).
(iii)And/or for any other relief or reliefs to which the petitioner may be found entitled to in course of hearing of this writ application.
Learned Counsel for the petitioner submits that in the counter-affidavit, the specific stand has been received by the State that in response of letter No. 318 dated 17/04/2026 by which the District Magistrate, Nawada has demanded guidelines from the Finance Department, Patna. The Finance Department, Patna issued a resolution contained in Memo No. 3972 dated 12/05/2016 and in the light of said circular, the present writ petitioner is entitled for the said relief.
Learned Counsel for the State, on the other hand, submits that in the light of the stand made in the counter-affidavit, the petitioner may be directed to submit a representation before the District Magistrate, Nawada, who shall take decision on the said representation of the petitioner within the stipulated period of time.
Counsel for the petitioner is ready for the same.
In the light of the advice given by the Finance Department, Patna, contained in letter No. 177, dated 05/05/2026, the present writ petition is disposed off with liberty granted to the petitioner to file fresh representation before the District Magistrate, Nawada within 30 days from today and the District Magistrate, Nawada is directed to take decision with regard to the benefit granted to the petitioner within 60 days thereafter, completely in the light of the stand taken in this counter-affidavit dated 13/07/2026 filed by the State.
With the aforesaid direction and observation, the present writ application stands disposed off.