Patna High CourtL.P.A/2189/2016dismissed

Dr. Surendra Kumar Singh v. The State Of Bihar And ORS

2017-03-07Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2189 of 2016 IN Civil Writ Jurisdiction Case No. 6074 of 2014 =========================================================== Dr. Surendra Kumar Singh, Son of late Raghubansh Kumar Singh, Resident of Village Dakhin Ekowna, Police Station Udwant Nagar, District Bhojpur .... .... Appellant

Versus

1. The State of Bihar.

2. The Principal Secretary, Animal Husbandry Department, Government of Bihar, Patna.

3. The Director, Animal Husbandry, Bihar, Patna.

4. The Regional Director, Central Range Animal Husbandry, Patna.

5. The Deputy Secretary, Animal Husbandry Department, Government of Bihar, Patna.

6. The District Provident Fund Officer, Patna.

7. The Accountant General ( A & E ), Bihar, Patna. .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Ashok Kumar Singh, Advocate For the Respondents : Mr. Md.Khurshid Alam-AAG12 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 07-03-2017 Delay of 43 days is condoned. I.A. No.1083 of 2017 is allowed.

Heard learned counsel for the appellant and counsel for the State.

Paragraph 4 is the finding based on the decision rendered by a Division Bench in L.P.A. No.145 of 2014 (Vijay Kumar Mishra vs. The State of Bihar & Ors.).

The statutory provision, which is in vogue in the State

Patna High Court LPA No.2189 of 2016 dt.07-03-2017 2/2 of Bihar, i.e. Rule 43(c) of the Bihar Pension Rules, does not make it obligatory upon the State authorities to make settlement of final pension and gratuity since, admittedly, the appellant is facing trial in a C.B.I. Court under Prevention of Corruption Act in what is known as the fodder scam.

Till the appellant is exonerated, he cannot claim gratuity as a matter of right.

The learned single Judge has committed no error which requires rectification.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.03.2017 Transmission Date N/A