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2021 Supreme(Pat) 44

MOHIT KUMAR SHAH
Rajiv Nayanam – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Rajesh Kr Singh, Advocate, Ranvijay Narain Singh, Advocate, Dharmendra Kumar Singh, Advocate, Miss Himanshi Singh, Advocate, Manoj Kr Ambastha, Advocate, Pushpanjali Sharma, Advocate, Balram Kapri, Advocate, Himanshi Singh, Advocate, S.N. Pathak, Advocate

JUDGMENT

Mohit Kumar Shah, J. - The aforesaid writ petitions have been heard together with the consent of the parties and are being disposed of by the present common judgment in view of the fact that the issues involved in the aforesaid two writ petitions are common.

    Facts of CWJC No. 5045 of 2017

    2. The present writ petition has been filed for setting aside the notification dated 22.01.2016 issued by the Road Construction Department, Government of Bihar, Patna under the signature of the Deputy Secretary to the Government, whereby and where-under it has been ordered that the resignation letter submitted by the petitioner be accepted with effect from the date of issuance of the said notification dated 22.01.2016 with the condition that the petitioner shall not be entitled to pension and gratuity, however, he shall be entitled to payment of G.P.F./ Group Insurance as well as 50% of the leave encashment amount. The petitioner has also prayed for directing the respondent- authorities to pay the pension amount and other retiral benefits to which the petitioner is entitled.

    3. The brief facts of the case are that the petitioner was appointed as Assistant Engineer in the Road Construction De

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