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Mithilesh Kumar v. The State of Bihar

Patna HC21 Nov 2019CWJC/18139/2019

Case brief

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What is this about?

The High Court ordered the Accountant General to issue authority orders for leave encashment, directed payment of 30 days' arrears of salary, and sanctioned 90% gratuity within two weeks, else the Principal Secretary's salary shall be withheld.

What did the court decide?

Direction to Accountant General to issue leave encashment authority; payment of 30 days' salary arrears; 90% gratuity sanction within two weeks; threat of salary withholding against Principal Secretar

Mithilesh Kumar Vs The State of Bihar — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18139 of 2019

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Mithilesh Kumar Son of Late Srinandan Ram Resident of VilallgeDharampura, P.O.-Dhamar P.S.-Ara Muffasil District-Bhojpur, Presently residing at C/o Kartik Kumar Kant, Chaurasta Road, Bihiya, P.O.-Bihia, District-Bhojpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

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The Principal Secretary, Department of Food and Consumer Protection Government of Bihar, Patna.

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The Additional Secretary, Departmnet of Food and Consumer Protection, Government of Bihar, Patna.

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The Special Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

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The District Magistrate, Buxar.

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The Sub-Divisional Officer, Dumraon, District-Buxar.

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The Accountant General, Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nand Gopal Mishra For the Respondent/s : Mr.S.Raja Ahamad (AAG-5) For the A.G. : Mr. Bindhyachal Rai

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 21-11-2019 The learned counsel appearing for the State has

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submitted that the sanction order with regard to leave encashment and arrears of salary have already been sent to the office of the Accountant General, Bihar, Patna vide letter dated 14.11.2019 and now the office of the Accountant General is required to issue the necessary authority letter. It is further submitted that since a departmental proceeding is pending, 90

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Patna High Court CWJC No.18139 of 2019(4) dt.21-11-2019 2/2

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per cent pension has been sanctioned and is being paid to the petitioner herein. However, 90 per cent amount of gratuity would be sanctioned within a period of two weeks from today.

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Having regard to the facts and circumstances of the case, the office of the Accountant General, Bihar, Patna is directed to immediately issue the necessary authority orders with regard to leave encashment amount. The respondents are further directed to pay the arrears of salary of 30 days within a period of two weeks from today as also sanction 90 per cent of gratuity amount within a period of two weeks from today, failing which the Principal Secretary, Department of Food & Consumer Protection, Government of Bihar, Patna shall not draw his salary.

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The writ petition stands disposed off on the aforesaid

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terms

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(Mohit Kumar Shah, J)

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S.Sb/-

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Mithilesh Kumar v. The State of Bihar

Case brief

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Mithilesh Kumar v. The State of Bihar

Case brief

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