Ram Pukar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4398 of 2015 ====================================================== Ram Pukar Singh Son of Ramjee Singh @ Harihar Singh Resident of Village & P.O. Inayatpur , P.S. Daudpur District- Saran. .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secratary , Department of Road Transport , Govt. of Bihar , Patna.

3. The Bihar State Road Transport Corporation through the Managing Director .

4. The Managing Director , Bihar State Road Transport Corporation, Parivahan Bhawan , Birchand Patel Path , Patna.

5. The Depot Superintendent , Chapra Depot of Bihar State Road Transport Corporation , Chapra.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Rai For the Respondent/s : Mr. Sc5- Satya Deo Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 31-03-2015 Heard learned counsel for the parties.

Having regard to the fact that out of five payments alleged to be retiral dues four of them are not even retirement benefit, such as Arrears of 5th pay commission scale, Arrears of time bound promotion, Kshetriya allowance and difference of revised pay scale, this writ application must be held to be ill-advised and misconceived labeled as a retirement benefit. So far payment of difference of unutilized leave (leave encashment) is concerned, the same is definitely retirement benefit but then the amount of leave encashment to the tune of Rs.25,280/- has already been paid on 2.11.2001, vide Annexure 4, to the petitioner. Thus, after nearly

Patna High Court CWJC No.4398 of 2015 (2) dt.31-03-2015 14 years of settlement of the claim of leave encashment the grievance now being made by the petitioner on this head also seems to be wholly misconceived.

This application, accordingly, fails and is hereby dismissed.

(Mihir Kumar Jha, J) surendra/- U