Disposed

Umesh Prasad v. The Bihar Shcool Examination Board, Patna and Ors.

Patna HC4 Jan 2019CWJC/4231/2018

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What is this about?

The High Court disposed of the writ petition directing the Secretary of the Bihar School Examination Board to dispose of the petitioner's representation regarding gratuity and pension for seasonal service within three months and make payment thereafter.

What did the court decide?

Direction to respondent Secretary to dispose of representation within three months and pay calculated gratuity and pension within one month thereafter.

Umesh Prasad Vs The Bihar Shcool Examination… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4231 of 2018

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Umesh Prasad, son of Late Ayodhya Prasad, Resident of Village & Post Office- Andauli, Police Station- Sak Sohra, District- Patna ... Petitioner Versus

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The Bihar Shcool Examination Board, Patna, through its Chairman. 2. The Chairman, Bihar School Examination Board, Patna. 3. The Secretary, Bihar School Examination Board, Patna ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Ram Kumar Singh, Adv. For the Respondents : Mr. Sunil Kumar Mandal, SC ======================================================

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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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3 04-01-2019

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Heard learned counsel for the petitioner and the learned counsel for the Bihar School Examination Board, Patna.

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Petitioner seeks calculation of gratuity and pension for the period spent as Seasonal Assistant between June, 1965, to 1968. He submits that the said period has been counted as qualifying service for pension and gratuity in the case of similarly situated employees by this Court in C.W.J.C. No. 14276 of 2001 (Pannalal Upadhyay Vrs. Bihar School Examination Board & Ors.) by order, dated 10.04.2002, and has been upheld in appeal, being L.P.A. No. 630 of 2002, dated 20.05.2002, special leave to appeal, so filed by the Bihar School Examination Board has also been dismissed by the Apex Court, which is SLA No. 19163 of 2002, dated 08.10.2002.

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In this context learned counsel for the Bihar School Examination Board submits that the petitioner has already

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Patna High Court CWJC No.4231 of 2018(3) dt.04-01-2019 2/2

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represented before the respondent-Secretary of the Bihar School Examination Board, which is at Annexure 7 to the writ application.

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This writ application is disposed off with a direction to the respondent no. 3, the Secretary, Bihar School Examination Board, to dispose of the representation of the petitioner, dated 28.08.2017, as contained in Annexure 7, within a period of three months. Any re-calculation be done and paid to the petitioner within a period of one month thereafter.

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(Nilu Agrawal, J)

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Shamshad/-

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Umesh Prasad v. The Bihar Shcool Examination Board, Patna and Ors.

Case brief

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Umesh Prasad v. The Bihar Shcool Examination Board, Patna and Ors.

Case brief

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