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2023 Supreme(Pat) 90

MADHURESH PRASAD
Shrawan Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Sanjeev Kumar.
For the State : M/s Syed Iqbal Ahmad, SC 20, Mahedra Prasad Verma, AC to SC 20.

Madhuresh Prasad, J. – The petitioner has originally filed a writ application for the following relief/s: –

(i) To issue a Writ in the nature of Mandamus commanding the respondents to pay Gratuity to the petitioner along with the statutory interest till the date of actual receipt of the Gratuity amount.

(ii) To issue a Writ in the nature of Mandamus commanding the respondents to pay remaining salary under the head of Earned Leave to the petitioner along with statutory interest till the date of actual receipt of Earned Leave.

(iii) To issue a Writ in the nature of Mandamus commanding the respondent to pay other monetary and admissible benefits accrued to the petitioner by virtue of holding the post.

(iv) To any other relief or reliefs to which the petitioner is entitled in the facts and circumstances of the case.

2. During pendency of the writ application, the Authorities have taken steps for release of the dues except dues under the heading ‘Gratuity’ and ‘Earn Leave’.

3. Learned counsel for the petitioner has made limited submissions regarding withholding of earned leave. He submits that there is no provision authorizing withholding of earned leave. Respondents have not referred to any

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