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2021 Supreme(Pat) 567

ANIL KUMAR UPADHYAY
Bimal Kumar Roy, son of Late Basant Kumar Roy – Appellant
Versus
State of Bihar through the Principal Secretary, Road Construction Department, Vishwasaraiya Bhawan – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajoy Kumar Chakraborty, Advocate
For the Respondent: Mr.Manoj Kr.Ambastha

JUDGMENT :

1. Six writ petitioners have filed the present writ petition for the following reliefs:-

    “(a) for issuance of writ in the nature of writ of certiorari, mandamus or any other appropriate writ or writs, order or direction commanding the respondents to consider the past services of petitioners rendered in non-Gazetted Capacity for pension and gratuity after superannuation from Government Service they discharged duties for more than 30 years, and

(b) to quash the Memo No. 6632(S) 28.08.2018 (Annexure-18) issued by the Deputy Secretary, Road Construction Department, Government of Bihar, Patna by which the order/direction dated 02.05.2018 passed by this Hon’ble Court in CWJC No. 14304 of 2015 (Annexure-15) has been misinterpreted and the respondents refused to follow the direction for payment of pension and other retiral dues to retired employees under Rule 59 of Bihar Pension Rule, 1950 including the Government decision contained in Memo No. Pen-1024/69/11779-F dated 12.08.1969 and arbitrarily and unlawfully rejected and disposed of the representation filed by the petiti

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