Disposed

Naresh Prasad Chaudhary v. the State of Bihar and Ors.

Patna HC7 Jan 2015CWJC/5602/2008

Case brief

AI extract

What is this about?

Writ petition challenging the exclusion of petitioner's Health Department service period from pension calculation and claiming unpaid earned leave. Court disposed of petition after directing the Civil Surgeon to decide the leave claim within three weeks of receipt of representation.

What did the court decide?

Application disposed with liberty to petitioner to represent to Respondent No.5 regarding unpaid leave claim; Respondent to dispose within three weeks.

Naresh Prasad Chaudhary Vs the State of Bihar… — Pension and Retirement Benefits | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5602 of 2008

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Naresh Prasad Chaudhary son of late Laxman Chaudhary, resident of Vill. Pipradih, P.O. Morama, P.S. Ranaun, Distt. Banka.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The Accountant General (A& E), Bihar, Patna

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The District Education Officer, Banka, Distt. Banka.

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The Principal Rajat Jayanti High School Jotha, Distt. Banka.

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The Civil Surgeon-cum-Chief Medical Officer, Bhagalpur.

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The Director, Secondary Education, Budh Marg, Patna 1.

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s :

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For the Respondent/s :

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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5 07-01-2015 Heard learned counsel for the parties.

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The relief sought by the petitioner is for counting his

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period of service from 16.01.1972 to 28.02.1978 for the purposes of computing his retiral benefits and the stand of the State that the petitioner has left his service in the Health Department of the State on 28.02.1978 and on 01.03.1978 he had joined the School which was at that time unrecognized though subsequently recognized on 27.11.1978 and as per Circular No. 636 dated 18.07.1992 of the

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Patna High Court CWJC No.5602 of 2008 (5) dt.07-01-2015

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2/2

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Health Department, the service of the petitioner cannot be taken into consideration for the purposes of pension. However, in the rejoinder the petitioner has raised fresh issue of his 84 days of earned leave while he worked under the Health Department from 16.01.1972 to 28.02.1978 not being paid.

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In view of the aforesaid, the application stands disposed off with liberty to the petitioner to represent before the respondent no. 5 with regard to his claim for earned leave for the period he has worked under the Health Department. If such representation is filed within four weeks along with a copy of this order, the respondent no. 5 shall look into the matter and dispose off the same within a period of three weeks. If any payment is to be made, the same shall also be made to the petitioner within the next three weeks.

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(Ahsanuddin Amanullah, J)

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Anjani/-

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Naresh Prasad Chaudhary v. the State of Bihar and Ors.

Case brief

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Naresh Prasad Chaudhary v. the State of Bihar and Ors.

Case brief

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