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NANI TAGIA
Jai Jai Ram Roy – Appellant
Versus
State of Bihar – Respondent
Nani Tagia, J. – Heard Mr. Alok Kumar, learned counsel appearing on behalf of the petitioner; Mr. Madhukar Mishra, learned AC to SC-16 appearing on behalf of the State and Mr. Arun Kumar Arun, learned counsel appearing on behalf of the Accountant General, Bihar.
2. The petitioner, who retired on 31.07.2020 on attaining the age of superannuation from the post of Programme Officer, Education Department, has filed this writ petition seeking a direction to the respondent authorities to pay the remaining retirement benefits of the petitioner, i.e., 10% pension and 10% gratuity, which has been withheld by the respondents without any reason and without there being any pendency of departmental proceeding or criminal proceeding against the petitioner.
3. On retirement of the petitioner on 31.07.2020 from the post of Programme Officer, Education Department, respondent no.3- the Director (Administration)-cum-Additional Secretary, Education Department, vide letter no. 2/Pen5- 36/2020/414, written to the Principal Accountant General (Accounts and Estate), had sanctioned 90% of the petitioner’s pension and gratuity, respectively.
4. Pursuant thereto and on further issuance of pension payment order
The central legal point established in the judgment is that under Rule 43(c) of the Bihar Pension Rules, if no departmental or criminal proceedings are pending against a government servant at the tim....
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.
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
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