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2021 Supreme(Pat) 553

PRABHAT KUMAR JHA
Ramesh Prasad Ranjan – Appellant
Versus
State of Bihar through the Additional Chief Secretary, General Administration Department, Government of Bihar, Patna. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashok Kumar Choudhary, Advocate Mr. Akshansh Ankit, Advocate
For the Respondents: Mr. P.K. Verma, AAG 3, Mr. Suman Kumar Jha, AC to AAG 3 For the A.G. :Mr. (Dr.) Anand Kumar, Advocate

JUDGMENT :

Heard Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner, Mr. P.K. Verma, the learned A.A.G. 3 for the State and Mr. (Dr.) Anand Kumar, the learned counsel appearing on behalf of the Accountant General.

2. The petitioner seeks following reliefs in this writ petition:

    a) For a direction to the respondents to make payment of pension, gratuity, leave pay and other post retiral dues, if any, to which the petitioner is entitled to after having retired w.e.f. 29.02.2020 from the post of Additional Secretary, SC & ST Welfare Department, Government of Bihar, Patna.

b) To quash Memo No.5241, dated 03.06.2020 (Annexure-5) issued by the respondent no.2 to the extent payment of 10% pension, entire gratuity and amount of leave encashment to the petitioner was kept pending in a most mechanical and arbitrary manner.

c) To pass any other order/orders or the consequential relief to which the petitioner may be found to be legally entitled on the facts and in the circumstances of the case.

3. Admittedly the petitioner entered in the Bihar Administrative Service in the year 1989 and the petitioner worked in different capacities till his retirement. The petitioner retired from the

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