Disposed

Rajendra Sah v. The State Of Bihar and Ors.

Patna HC22 Jun 2020CWJC/6231/2017

Case brief

AI extract

What is this about?

Petitioner filed a writ petition for retirement benefits with interest. Respondents paid gratuity, leave encashment, and fixed pension via a cheque, contending grievance redressed. Court disposed of petition with liberty to represent within three months if paid amount is insufficient.

What did the court decide?

Petition disposed with liberty to file a representation within three months regarding any shortfall in retired benefits.

Rajendra Sah Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6231 of 2017

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Rajendra Sah Son of Sohan Sah, Resident of Village- Nagdah, P.S.- Town Begusarai Sighaul O.P., District- Begusarai.

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... ... Petitioner

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Versus

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The State Of Bihar

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The Managing Director, Bihar State and Civil Supply Corporation Limited, Daroga Rai Path, Bihar, Pa

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The Chief Finance, Bihar State Food and Civil Supplies Corporation Limited, Head Quarter, Patna.

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The District Manager, Bihar State Food and Civil Supplies Corporation, Begusarai.

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The Accountant General, Bihar, Patna.

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... ... Respondents

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Appearance : For the Petitioner/s : Mr. Nakul Kumar Jamuar, Adv. For the Respondent/s : Mr. S.Raza Ahmad-AAG5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

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Date : 22-06-2020

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Heard the parties.

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The petitioner has filed the present writ petition for commanding the respondents to make payment of retirement benefit with upto date statutory interest as the petitioner retired from service on 31.12.2013 while he was posted as Grade IV employee under the District Manager, Bihar State Food and Civil Supplies Corporation, Begusarai (for short ‘Corporation’).

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A counter affidavit has been filed on behalf of the respondent nos. 2 to 4. The stand of the respondents in the counter affidavit is that on receipt of the application of the petitioner, vide

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Patna High Court CWJC No.6231 of 2017 dt.22-06-2020 2/2

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cheque no. 004454 dated 02.08.2017, Rs. 5,57,261/- including an amount of Rs.3,50,000/- under the head gratuity and an amount of Rs.2,07,261/- under the head leave encashment has already been paid to him. His pension has already been fixed and he is getting monthly pension. The respondents have contended that the grievance of the petitioner has been fully redressed and nothing remains to be paid to him.

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The petitioner has not filed any rejoinder to the counter affidavit filed on behalf of the respondents.

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Considering the stand taken on behalf of the respondents, the application is disposed of with liberty to the petitioner to raise his grievance before the respondent no.2, making representation, if according to him, the amount which has been paid to him is less than what he is actually entitled to. If he makes such a representation within three months from today, the same shall be considered and disposed of by a reasoned order within a month thereafter.

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(Ashwani Kumar Singh, J)

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Pradeep/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	23.06.2020
Transmission Date

Rajendra Sah v. The State Of Bihar and Ors.

Case brief

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Rajendra Sah v. The State Of Bihar and Ors.

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