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2021 Supreme(Pat) 888

PARTHA SARTHY
SADANAND CHOUDHARY – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aditya Narayan Singh, Sr. Adv, Mr. Kundan Kumar Sinha, Adv, Mr. Satendra Narayan Singh, Adv.
For the Respondent: Mr. Jitendra Kumar Roy, Mr. Vivekanand Kunwar, Adv.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the respondents through video conferencing.

2. The petitioner has filed the instant writ application for direction to the respondents-State for releasing the following retiral benefits to the petitioner:-

    "(a) The amount under General Provident Fund.

(b) The amount under heading of earns leave.

(c) Gratuity.

(d) Amount under Group Insurance head.

(e) Arrears of salary for the month of June 2003 (the month of retirement)."

3. The petitioner has further prayed that an appropriate direction be issued to the respondents for payment of pensionary amount with effect from July, 2003 and since the petitioner has not been paid the amount mentioned above for more than 14 years after superannuation, he be compensated by way of penal interest on all the arrears of retiral benefits.

4. The case of the petitioner in brief is that after attaining age of superannuation, he retired on 30.6.2003 from the post of Sub-Divisional Educational Officer, Chapra (South). While in service when the petitioner was posted as Project Officer, Falka, Katihar in the yer 1993 his service book was sent by the office of the District Education Off

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