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2019 Supreme(Pat) 680

PRABHAT KUMAR SINGH
Parimal Chakraborty Son of Late A. B. Chakraborty – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Rakesh Kumar Samrendra
For the Respondent/s: Mr.Sajid Salim Khan, Adv.

ORDER :

1. Heard counsel for the parties.

2. This writ application has been filed for following reliefs:-

    “(i) To quash the Notification contained in Memo No.64 dated 02.03.2017 issued under the signature of the Respondent No. 3 whereby and whereunder the Government in purported exercise of power under Rule 43(a) of the Bihar Pension Rules has decided to withhold the pension and gratuity of the petitioner.

(ii) To hold and declare the purported exercise of power by the Government under Rule-43(a) of the Pension Rules as against the withholding or withdrawing of pension of the petitioner to be barred and hit by limitation under the provision of Rule-43(b) and hence, arbitrary and illegal.

(iii) To command the Respondent Authorities to allow pension to the petitioner, who has retired w.e.f. 31.12.1990 as before.

(iv) For any other relief (s) to which the petitioner may be found entitled to in the facts and circumstances of the case.”

3. The brief facts of the case is that the petitioner was appointed as Animal Husbandry and Veterinary Officer on 02.10.1957 and after attaining the age of superannuation, the petitioner superannuated from the post of Regional Director, Santhal Pargana Range,

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