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HARISH KUMAR
Rajiva Ranjan Singh, Late Shailendra Narain Singh – Appellant
Versus
State of Bihar, through the Additional Chief Secretary, Revenue and Land Reforms Department – Respondent
JUDGMENT :
(Harish Kumar, J.)
Heard the parties.
2. The petitioner is aggrieved by the order as contained in Memo No. 1146 dated 12.09.2023 to the extent whereby the payment of earned leave encashment of the petitioner has been withheld on account of pendency of the departmental proceeding. The petitioner also seeks a direction upon the respondents to ensure payment of Gratuity, Group Insurance and Provident Fund amount along with the statutory interest.
3. The contention of the petitioner is in a narrow compass, which is noted hereinbelow.
4. The petitioner superannuated from the post of Additional Collector cum Public Grievance Redressal Officer, Bhagalpur on 31.08.2017. Subsequent to retirement, the petitioner approached to the concerned District Magistrate, Bhagalpur for payment of his post retiral benefit(s). Despite his representation, no action was taken compelling the petitioner to approach before this Court in C.W.J.C. No. 2663 of 2023. The afore-noted writ petition came to be allowed with a liberty to the petitioner to file a detail representation before the Divisional Commissioner, Bhagalpur. It was made clear that if the petitioner is found entitled for the benefit(s), it m
Rules concerning withholding post-retirement benefits cannot apply retrospectively if initiated after retirement.
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....
The main legal point established is that under Rule 43(c) of the Bihar Pension Rule, 1950, employees facing departmental inquiry or judicial proceeding at the time of superannuation are entitled to p....
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.
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