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CHAKRADHARI SHARAN SINGH
Sudama Yadav – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
2. Heard Mr. Siyaram Shahi, learned counsel for the petitioner, Mrs. Shilpa Singh, learned Government Advocate No. 12 appearing for the State and Mrs. Nivedita Nrivikar, learned Senior counsel appearing for the Accountant General.
3. The petitioner claims that he has retired with effect from 31.12.2017, while holding the post of Head Master, Lakhisarai in the district of Lakhisarai. He has filed the present writ application seeking direction to the respondents to pay his post retiral dues.
4. Counter affidavits and supplementary counter affidavits have been filed on behalf of the respondents. In the counter affidavit filed on behalf of respondent No. 6, it was stated that the petitioner had been paid all the post retiral dues except for pension, which could not be finalized because of absence of no objection certificate. It transpires that the Accountant General, Bihar had raised certain objections in respect of grant of higher grade pay and increments to the petitioner simultaneously contrary to resolution of the State Government of Bihar, which clearly stipulated that if a promotio
Retired employees are entitled to an additional increment for the year preceding their retirement and to gratuity limits as specified in government notifications, regardless of their retirement date ....
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
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