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CHAKRADHARI SHARAN SINGH
Ravindra Kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Chakradhari Sharan Singh, J. - The petitioner retired while holding the rank of Superintending Engineer in Patna Municipal Corporation (PMC) with effect from 30.04.2017. In the present application filed on 28.032018, the petitioner has sought for a direction to the respondents to pay his post retiral dues. It has been specifically asserted in the writ application that till the date of the filing of the writ application, not even a single penny has been paid to him against post retiral dues, despite the fact that there was no department proceeding ever initiated, against the petitioner.
2. The present case was heard online through video conference, during the course of which Mr. Kunal Tiwary, learned counsel for the petitioner and Mr. Prasoon Sinha, with Prabhakar Singh, learned counsel, representing the Patna Municipal Corporation made their extensive arguments on behalf of the rival parties.
3. A counter affidavit and a supplementary counter affidavit have been filed on behalf of the Corporation. The petitioner has filed reply to the counter affidavit. A counter affidavit has also been filed on behalf of the State of Bihar.
4. Briefly narrated, the case of the petitioner is t
Pension is a deferred compensation for past services and a statutory right that can only be deprived in accordance with the law.
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
The recovery order and withholding of retiral dues without proper procedure and opportunity for the petitioner to be heard were illegal and arbitrary, and the petitioner was entitled to interest on t....
Interest on delayed post-retiral benefits and accountability for bureaucratic negligence established, mandating 6% interest due to culpable delays.
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