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2023 Supreme(Pat) 1308

HARISH KUMAR
Subhash Thakur, S/o. Late Nagendra Thakur – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bhavendra Jha, Mrs. Anju Jha.
For the Respondent: Ms. Namrata Singh, AC to GA-12.
For the University : Mr. Nadim Seraj.

JUDGMENT :

Harish Kumar, J.

Heard Mr. Bhavendra Jha, learned counsel for the petitioner, duly assisted by Mrs. Anju Jha, Mr. Nadim Seraj, learned counsel for the University and Ms. Namrata Singh, learned AC to GA-12, for the State.

2. By invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner seeks direction upon the respondents to grant and make payment of post retirement benefits of pension, gratuity and leave encashment in favour of the petitioner, who retired from the post of Laboratory Incharge, Department of Physics in K.V.S. College, Uchaith, Benipatti, Madhubani (hereinafter referred to as ‘K.V.S. College’) on 31.01.2016 after taking into account the uninterrupted service since 17.05.1979 along with the interest on delayed payment.

3. Shorn of unnecessary details, the relevant facts, which are necessary for adjudicating the present matter is/are that the petitioner was appointed against 1st post of Laboratory incharge on 17.05.1979 by the then Governing body of the College vide letter no. 28/79 dated 17.05.1979 (Annexure-1). The College, in question, was made constituent in December, 1980. Subsequently, 47 posts of Cl

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