Disposed

Srinivas Chandra Tiwary v. The State of Bihar

Patna HC29 Aug 2023CWJC/10069/2020

Case brief

AI extract

What is this about?

An oral order disposing of a writ petition concerning the denial of full gratuity and leave encashment. The court directed the petitioner to challenge the specific rejection order before the appropriate forum and then disposed of the petition.

What did the court decide?

Petitioner directed to challenge the order dated 17.08.2023 before the appropriate forum before the writ petition can be further adjudicated.

Srinivas Chandra Tiwary Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10069 of 2020

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Srinivas Chandra Tiwary Son of Late Bharat Prasad Tiwary, Resident of E2/8 of Sadhnapuri, P.S.- Gardanibagh, District- Patna.

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... ... 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 Additional Chief Secretary, Department of Education, Bihar, Patna.

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The Director (Administration)-cum- Additional Secretary Department of Education, Bihar, Patna.

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The Director Provident Fund Department of Finance, Bihar, Pant Bhawan, Patna.

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The Principal Accountant General of Bihar Veer Chand Patel Path, Patna.

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The District Provident Officer, Hazaribagh, Jharkhand.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Prabhu Nath Pathak, Advocate For the State of Jharkhand: Mr.Sarvdev Singh, Advocate For the Respondent/s : Mr.Mrigendra Kumar, AC to GP 20 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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9 29-08-2023

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Heard Mr. Prabhu Nath Pathak, learned counsel

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appearing on behalf of the petitioner; Mr. Sarvdev Singh, learned counsel for the Jharkhand and Mr. Mrigendra Kumar, learned counsel for the State.

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Learned counsel appearing on behalf of the State files supplementary counter affidavit on behalf of respondent no.2 in the Court today itself. Let it be kept on record.

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Learned counsel appearing on behalf of the petitioner submits that the substantial amount of pension of the petitioner has been paid during the pendeny of the present writ

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Patna High Court CWJC No.10069 of 2020(9) dt.29-08-2023 2/2

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petition, however, he has been denied full amount of gratuity and leave encashment.

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Learned counsel appearing on behalf of the petitioner further submits that the entitlement of the petitioner to receive the entire amount of gratuity and the leave encashment has been rejected by the Additional Chief Secretary, Department of Education, Bihar by passing order dated 17.08.2023 bearing memo no.918, contained as Annexure ‘A’ to the supplementary counter affidavit. The petitioner seeks to challenge the said order (dated 17.08.2023) of the Additional Chief Secretary, Department of Education before the appropriate forum.

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Considering the specific submissions made on behalf of the petitioner, petitioner, if so advised, may challenge the order of the Additional Chief Secretary, Department of Education, Bihar as contained in memo no.918 dated 17.08.2023 in accordance with law before the appropriate forum.

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With the above observation/direction, the present writ petition is disposed of.

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(Purnendu Singh, J)

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chn/- U

Srinivas Chandra Tiwary v. The State of Bihar

Case brief

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Srinivas Chandra Tiwary v. The State of Bihar

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