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Shatrughan Kumar Choudhary v. The State Of Bihar and Ors.

Patna HC4 Aug 2017CWJC/14574/2014

Case brief

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What is this about?

This oral order disposed of a writ petition regarding withheld 10% pension, gratuity, and earned leave dues. With evasion of allegations resolved, the court directed respondents to ensure immediate payment of the sanctioned amount.

What did the court decide?

Direction to respondents to ensure payment of the sanctioned 10% pension, gratuity, and earned leave amount if not already paid.

Shatrughan Kumar Choudhary Vs The State Of… — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14574 of 2014

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======================================================

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Shatrughan Kumar Choudhary S/o Late Ramjee Choudhary Resident of 204, Indu Enclave Nandanpul, P.S. Rajeev Nagar, Patna-14.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2. The Principal Secretary, General Administration, New Secretariate, Patna.

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The Principal Secretary, Co-operative Department, New Secretariate, Patna.

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The Provident Fund Commissioner (Pension), Patna.

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The Accountant General, Bihar, Patna.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Prasad, Adv. For the State : Mr. Puneet Siddhartha, A.C. to AAG-13 For the Accountant General : Mr. Ajit Kumar, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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4 04-08-2017 The dispute in the present writ petition is only in respect

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of 10% pension and gratuity and the amount equivalent to the earned leave, which were kept pending while sanctioning remaining 90% of the retirement benefits.

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A supplementary counter affidavit has been filed on behalf of the respondent no.2 in which it has been stated that due to certain allegation 10% pension and gratuity and amount equivalent to earned leave had been kept pending. However, since the allegation has been disposed of and no departmental proceeding is pending against the petitioner, the remaining outstanding dues of 10% pension, gratuity and amount equivalent

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Patna High Court CWJC No.14574 of 2014 (4) dt.04-08-2017

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2/2

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to earned leave has been sanctioned in favour of the petitioner. The sanction orders dated 02.03.2017 have also been annexed to the supplementary counter affidavit.

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Learned counsel for the petitioner has submitted that he has no instruction as to whether the sanctioned amount has been paid to the petitioner or not.

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Be that as it may, keeping in mind the assertions made in the counter affidavit, the writ petition is disposed of with a direction that if the aforesaid sanctioned amount has not been paid to the petitioner, the respondents shall ensure payment of the same without any delay.

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(Ashwani Kumar Singh, J)

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Pradeep/-

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Shatrughan Kumar Choudhary v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

Shatrughan Kumar Choudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

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What the court decided

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