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2024 Supreme(Online)(Pat) 194

PATNA HIGH COURT
Yogendra Sah – Appellant
Versus
The State of Bihar – Respondent


JUDGEMENT

Date : 29-07-2024 Heard Mr. Randhir Kumar No. 1, learned Advocate for the petitioner and Ms. Prerna Anand, learned Advocate for the State.

2. The petitioner superannuated on 28.02.2019 from the post of Peon, Government Hospital, Begusarai; on being aggrieved by non-payment of full gratuity, earned leave and 10% of pension, filed the present writ petition invoking the jurisdiction of this Court under Article 226 of the Constitution of India.

3. Learned Advocate for the petitioner contended that while the petitioner was working as Peon in the Government Patna High Court CWJC No.2952 of 2022 dt.29-07-2024 Animal Hospital, Begusarai he was put under suspension vide Memo No. 64 dated 23.06.2016 with effect from 18.06.2016 till further order due to his incarceration in connection with Begusarai P.S. Case No. 288 of 2016 registered for the offences under Sections 304B/120B/34 of the Indian Penal Code. On being released from the judicial custody the petitioner was allowed to join and subsequently suspension of the petitioner has been revoked by the Department in the year 2017. Finally the petitioner came to be superannuated and he has been paid provision


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