NEMI CHAND VIJAY Vs. STATE OF BIHAR
LAWS(JHAR)-2003-9-125
HIGH COURT OF JHARKHAND
Decided on September 10,2003

Nemi Chand Vijay Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.) AT the outset, Mr. Ram Kishore Prasad prays that he may be allowed to implead State of Jharkhand as respondent No. 7. Let him do so.
(2.) HEARD Mr. Ram Kishore Prasad, learned counsel for the petitioner and Mr. Pradip Modi, learned - I. In this writ application, the petitioner has made a prayer for issuance of an appropriate direction upon the respondents for payment of 18% interest plus costs of litigation for depriving -the petitioner for three years in the matter in relation to his receiving pension. He has also made a prayer for payment of compensation to the extent of Rs. 25,000/ - (Rupees Twenty Five Thousands) for mental torture and agony to which the petitioner was subjected. The facts of this case are necessary to be taken note of and from the pleadings made in the writ application, following facts would appear.
(3.) THE petitioner retired on 01.02.1984 from the post of Under Secretary from the office of Bihar Public Service Commission, Patna and he received pension regularly from the patna Secretariat Treasury up to October, 1991. Thereafter, on account of his shifting of his residence to Ranchi, the petitioner filed an application before the Treasury Officer, Patna Secretariat in October, 1991 itself requesting that his pension papers be transferred to the concerned Treasury Office at Ranchi. The petitioner has stated that since he could not oblige the respondent No. 5 (meaning thereby the Treasury Officer at Patna), the papers were not transmitted to the office of the Treasury Officer at Ranchi and it was done only on 22.05.1992 when all papers were received in the Treasury Office at Ranchi. The petitioner has stated that in the Treasury office at Ranchi, there was a person called Shri Basant Babu who was the incharge of the pension cases and since the petitioner could not oblige him, therefore the said Basant Babu deliberately and wilfully caused the papers belonging to the petitioner to be lost. Consequently, on 10.11.1992, the petitioner informed the Treasury Officer, Ranchi that he was not receiving pension and therefore he requested him to look into the matter and do the needful.;


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