Disposed

Krishna Ballabh Sharma v. the State of Bihar and Ors.

Patna HC26 Sept 2014CWJC/6450/2011

Case brief

AI extract

What is this about?

This writ petition sought directions for payment of full retirement benefits, including pension arrears and gratuity, withheld from the petitioner since 2010. The Court directed respondents to discharge these dues within three months.

What did the court decide?

Directed respondents to pay full retirement benefits including pension arrears, gratuity, and GPF within three months of the order.

Krishna Ballabh Sharma Vs the State of Bihar… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6450 of 2011

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====================================================== Krishna Ballabh Sharma, S/O Late Shyam Sharan Singh, R/O Vill.Mahmadpur (Kishunpur), P.S.- Makhdumpur, Distt.- Jehanabad .... .... Petitioner/s Versus 1. State of Bihar through Chief Secretary Old Secretariat, Patna-15 2. Principal Secretary, Finance Deptt., Govt. Of Bihar Old Secretariat, Patna-15 3. Agriculture Production Commission-Cum-Principal Secretary Agriculture Deptt., Vikas Bhawan (New Secretariat), Patna-15 4. District Magistrate, Gaya 5. Sub-Divisional Officer, Sadar, Gaya 6. Block Development Officer, Fatehpur, Distt.- Gaya 7. District General Provident Officer, Gaya 8. Joint Commissioner-Cum-Director General, Provident Fund Bihar, Pant Bhawan, 5th Floor, Bailey Road, Patna 9. Accountant General, Bihar, Beerchand Patel Path, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Dayal Ray, Advocate. For the Respondent/s : Mr. Anjani Kumar, AAG10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT

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3 26-09-2014 Heard learned counsel for the parties.

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as follows:

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The prayer of the petitioner in this writ application reads

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"1(i) To command the respondents to pay all the retiral benefits to the petitioner including the fixation of pension and the arrears thereof. The respondents have stopped the provisions pension also since January 2010 without any rhyme or reason which may also be directed to pay or continue till fixation of full pension.

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(ii) To command the respondents to pay the arrears amount of gratuity and leave salary after fixation of full pension which are due with the respondents deducting the earlier paid amount.

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(iii) To command the respondents to pay the entire amount of GPF which was deducted from the salary of the petitioner, which are accrued near about 4 lakhs with interest deducting the part payment, amounting Rs. 1,62,641/- rest amount be directed to pay.

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(iv) To command the respondent to pay the commutation amount of the pension which ahs not be paid as yet, though all the papers have been duly filled by the petitioner at the time of submitting the pension papers".

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Patna High Court CWJC No.6450 of 2011 (3) dt.26-09-2014

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2/2

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Mr. Sheo Dayal Ray, learned counsel for the petitioner,

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in support of the aforementioned prayer, has submitted that the petitioner, who had retired on 31.05.2004, is yet to be given his full and final retirement benefit. He has also submitted that the petitioner was earlier getting provisional pension which also has been stopped from January 2010.

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In this case, a counter affidavit has been filed wherein no effective answer has been given to the aforementioned grievance of the petitioner.

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In view of the above, this Court would direct the concerned respondents to ensure that full and final payment of all the retirement benefits of the petitioner, must be made within a period of three months from the date of receipt of a copy of this order.

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With the aforementioned observation and direction, this writ application is disposed of.

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Patna High Court Dated 26th September 2014 NAFR/Sujit/-

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(Mihir Kumar Jha, J)

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Krishna Ballabh Sharma v. the State of Bihar and Ors.

Case brief

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Krishna Ballabh Sharma v. the State of Bihar and Ors.

Case brief

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