Disposed

Dr. Shankar Prasad v. The State of Bihar

Patna HC7 Jan 2021CWJC/4703/2020

Case brief

AI extract

What is this about?

The High Court directed the State of Bihar to submit documents for pension payment and ordered payment of sanctioned pension, gratuity, leave encashment, and provident fund. The court imposed a 12% annual interest penalty for delayed payment of post-retiral dues.

What did the court decide?

Direct the State to submit documents within a fortnight and pay pension, gratuity, leave encashment, and provident fund within three months. Award 12% annual interest on delayed dues.

Dr. Shankar Prasad Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4703 of 2020

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Dr. Shankar Prasad Son of late Sundar Rai, Resident of 96 Caster Town Near Bajla Mahila College, Deoghar, P.O. and P.S. and District- Deoghar , Jharkhand. ... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, General Administration Department, Bihar, Patna.

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The Principal Secretary, Health Department, Bihar, Patna.

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The Director In Chief, Health Services Bihar, Patna.

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The Deputy Director, Health Services/Management Swastha Bhawan, Sultanganj, Patna.

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The Deputy Secretary, Department of Health, Bihar, Patna.

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The Accountant General, Bihar, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Arvind Kumar Sinha, Advocate For the Respondent/s : Mr.S.D. Yadav (AAG-9) Mr. Kumar Priyaranjan, Advocate for A.G.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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4 07-01-2021 Heard learned counsel for the petitioner, State and

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the Accountant General.

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Counsel appearing on behalf of the Accountant General submits that 90% pension has been sanctioned but the respondent-authorities of the State have not submitted the required information and documents for issuance of authority slip and as such despite order, the payment has not been made as yet.

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Under the aforesaid circumstances, the respondentauthorities of the State are directed to submit entire relevant documents relating to the petitioner to the office of the

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Patna High Court CWJC No.4703 of 2020(4) dt.07-01-2021 2/2

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Accountant General within period of a fortnight from today so that the petitioner may receive whatever pension has been sanctioned. Similarly, the State-authorities are directed to see that gratuity, leave encashment and provident fund are paid to the petitioner at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

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If the payment of post retiral dues in the nature of provisional pension, gratuity, leave encashment and provident fund are not paid to the petitioner within the time frame as indicated above, the petitioner shall be entitled to payment of interest at the rate of 12% per annum on the entire post retiral dues from the date of retirement till the date of actual payment.

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Let a copy of this order be communicated to the Director in Chief, Health Services, Bihar, Patna for appropriate action and compliance of the aforesaid direction.

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With the aforesaid, the writ petition stands disposed of.

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(Anil Kumar Upadhyay, J)

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spandey/-

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Dr. Shankar Prasad v. The State of Bihar

Case brief

What is this about?

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Dr. Shankar Prasad v. The State of Bihar

Case brief

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What did the court decide?

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