IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22028 of 2012

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1. Krishna Nandan Rajak S/O Late Ram Ratan Rajak R/O Tribhuwan Gopal

Enclam, Phase I, C-Iv, P.O.- Bihar Vetenary College, P.S.- Rajiv Nagar,

District- Patna

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Chief Secretary, Bihar

3. Finance Commissioner, Pension Cell, Bihar, Patna

4. Executive Engineer Bihar State Electricity Board, Bailey Road, Patna

5. Joint Secretary Bihar State Electricity Board, Bailey Road, Patna

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Mallika Mazumdar, Advocate

For the State : Mr. Amrendra Kumar, Advocate

For the BSEB : Mr. Sunil Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR

DATTA

ORAL ORDER

2.

18-12-2012.

Heard learned counsel for the petitioner and learned

counsels for the State and the Bihar State Electricity Board.

The petitioner seeks payment of the post retiral dues

after his superannuation from the services of the Board on

31.7.2012.

Admittedly, the petitioner was accused in a case filed

on 12.12.2010 under section 376 of the Indian Penal Code and

was sent to jail custody. He was also placed under suspension.

The petitioner’s grievance is that no post retiral due has been

paid by the authorities of the Board.

Patna High Court CWJC No.22028 of 2012 (2) dt.18-12-2012

2

So far as the G.P.F and G.S.S. amounts are

concerned, the authority concerned is directed to ensure that the

same are paid within a period of four months from the date of

receipt/production of a copy of this order along with statutory

interest thereon from the date of retirement till the date of actual

payment.

Let the claim of the petitioner with regard to the

provisional pension, gratuity and leave encashment be

considered by the authorities of the Board and a decision taken

thereon within a period of three months from today and

thereafter within a further period of two months whatever

amount is found admissible to the petitioner under the rules,

shall also be paid to him. In case, any part of the claim of the

petitioner is rejected, the same shall be done by a speaking

order.

The writ application is accordingly disposed of in

terms of the aforesaid directions.

ahk/-

(Ramesh Kumar Datta, J.)