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HARISH KUMAR
Banarsi Prasad Yadav – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J. – Heard Mr. Binod Kumar Paswan, learned counsel for the petitioner and Ms. Babita Kumari, learned counsel for the State.
2. The petitioner, who superannuated from the post of S.I. on 28.02.2022 from the Banka police force, has filed the present writ petition seeking a direction upon the respondents to ensure payment of all his retiral benefits, including provisional Pension, till final disposal of the departmental proceeding.
3. A counter affidavit has been filed on behalf of respondent no.4.
4. Referring to the averments made in the counter affidavit, it is submitted that the petitioner has already been paid all the admissible amount of Group Insurance, Earned Leave and G.P.F. It is further submitted that the petitioner has also been accorded provisional gratuity to the tune of Rs.13,34,444/-.
5. The counter affidavit discloses that since the petitioner is facing departmental proceeding, bearing Nawada District Departmental (Inquiry) Proceeding No.16 of 2017, thus final action shall be taken towards the payment of his pension after disposal of pending departmental proceeding.
6. At this stage, learned counsel for the petitioner submits that withholding of entire pensio
A government servant facing departmental proceedings at the time of retirement is entitled to a provisional pension of not less than 90% as per Rule 43(c) of the Bihar Pension Rules, 1950.
Rules concerning withholding post-retirement benefits cannot apply retrospectively if initiated after retirement.
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