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2013 Supreme(Pat) 104

MIHIR KUMAR JHA
Hira Lal – Appellant
Versus
State of Bihar through its Chief Secretary – Respondent


Advocates:
For the Petitioner: Mr. Jai Prakash Singh.
For the Respondents: M/s (GA-6), J.P. Karn, L.P.K. Rajgriha.

ORDER

Heard counsel for the parties.

2. In this writ application the petitioner has prayed for the following relief:–

“(i) For commanding the respondents

(a) To pay full pension.

(b) To pay gratuity.

(c) To pay leave encashment.

(d) To pay General Provident Fund.

(ii) For a further direction to the respondents to pay interest on post retiral benefits mentioned above from the date of superannuation of the petitioner dated 31.3.2008 till final payment.”

3. Learned counsel for the petitioner has submitted that while the petitioner was in active service he was made accused in the fodder scam case lodged by the C.B.I. in R.C.Case No. 48/1996 wherein a charge sheet was submitted against him on 21.11.2003 and the Special Judge, C.B.I., Animal Husbandry, has taken cognizance in the criminal case which is still pending against him. He has also submitted that the petitioner was placed under suspension on 31.5.2002 on account of his being made accused in the aforementioned R.C.Case No. 48A/1996 but then the petitioner had completed his age of superannuation on 31.3.2008 while continuing in suspension. Learned counsel has explained that after retirement even when the petitioner had filed his pension





























































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