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Karuna Kumari v. The State Of Bihar and Ors.

Patna HC27 Aug 2019CWJC/560/2019

Case brief

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What is this about?

Petitioner, superannuated before a relevant order, sought direction regarding salary payment for suspension period and post-retirement benefits. Court directed respondents to decide within 60 days on salary and benefits under Rule 97 of Bihar Service Rules and preserve post-retirement entitlement.

What did the court decide?

Direction to respondents to take appropriate decision on salary for suspension period and post-retirement benefits under Rule 97 of Bihar Service Rules within 60 days.

Karuna Kumari Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.560 of 2019

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Karuna Kumari W/o Vinod Pd. Poddar, R/o Kalifabagh Chowk, Chamra Godown, Budhanath Road, P.S.- Kotwali, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

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The Director, Primary Education, Government of Bihar, Patna.

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The Regional Deputy Director Education, Bhagalpur Division, Bhagalpur.

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The District Education Officer, Bhagalpur.

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The District Programme Officer, Banka.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jagnnath Singh, Adv. Mr. Pushkar Kr. Ray, Adv. For the Respondent/s : Mr. Samit Kumar, AC to SC-16 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 27-08-2019 Learned counsel for the petitioner submits that the petitioner is superannuated before the order dated 07.05.2018 passed in C.W.J.C. No. 6499 of 2016.

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In view of the fact that petitioner has superannuated before 07.05.2018. The respondents are required to take appropriate decision with regard to payment of salary for the period of suspension.

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The present writ application is disposed of with a direction to the respondents to take appropriate decision in terms of Rule 97 of the Bihar Service Rules how on the issue of

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Patna High Court CWJC No.560 of 2019(3) dt.27-08-2019 2/2

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treatment of period of superannuation. The respondents may also take appropriate decision with regard to entitlement of the petitioner for grant of post retiral benefit side by side.

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Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order.

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With the aforesaid, the writ application stands disposed of.

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(Anil Kumar Upadhyay, J)

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mdrashid/-

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Karuna Kumari v. The State Of Bihar and Ors.

Case brief

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Karuna Kumari v. The State Of Bihar and Ors.

Case brief

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