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HARISH KUMAR
Akhileshwar Kumar Mishra – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—This Court has heard Mr. Anand Ojha, learned Advocate for the petitioner, Mr. Vikash Kumar, learned Standing Counsel-11, Mr. Anil Singh, learned Advocate for the Vigilance and Mrs. Ritika Rani, learned Advocate for the Accountant General.
2. The petitioner superannuated on 31.07.2019 from the post of Assistant Professor while he was working on deputation in MCE Motihari from MIT, Muzaffarpur. Being aggrieved by the inaction of the respondent State officials in not granting the retiral and other consequential benefits, the petitioner invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution seeking direction upon the respondents to ensure payment of all his retiral and other consequential benefits such as gratuity, leave encashment and pension without deduction of 10% and total amount of retiral benefits as per 7th Revised Pay Scale with statutory interest.
3. The brief facts, of the case are that while the petitioner was on deputation at MCE Motihari, he was Principal In charge of the college from 07.12.2011 to 15.01.2017. The Motihari College of Engineering is a State Government owned institution under the administrative control of t
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
The withholding of retiral benefits, including gratuity and leave encashment, based on a pending criminal case, must be in accordance with the relevant statutory provisions and cannot be applied retr....
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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