Bhogendra Nath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4321 of 2020 ====================================================== Bhogendra Nath Jha Son of Late Tara Kant Jha, Resident of Village-Awari, P.S. Sahaghat, District-Madhubani, also at resident of Flat No. 3-B, Chandarful Apartment, Gali No.1, Salimpur, Ahra, Patna-3. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Cooperative Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Cooperative Department, Govt. of BIhar, Patna. 3.

The Deputy Secretary, Cooperative Department Government of Bihar, Patna. 4.

The Accountant General, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Jha For the Respondent/s :

Mr.Sushil Kumar (Gp22) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-06-2020 Heard learned counsel for the parties.

Petitioner retired from the post of the Joint Registrar, Cooperative Societies on 31.1.2017.

The grievance of the petitioner in the present writ application is non payment of leave encashment and withholding 10 per cent pension and gratuity. Learned counsel appearing on behalf the State submits that petitioner has been inflicted punishment of reduction of four lower stage in time scale of pay and he did not earn increments in the pay during such reduction. Considering the aforesaid, the writ petition is disposed of with a direction to the respondents to take

Patna High Court CWJC No.4321 of 2020(2) dt.24-06-2020 2/2 appropriate steps with regard to payment of leave encashment within a period of four months from the date of receipt/production of a copy of this order. Since there is no decision to forfeit pension, the respondents have to ensure payment of balance 10% of pension and gratuity within four months, failing which the petitioner shall be entitled to payment of interest @ 10 per cent from the date of retirement till the date of actual payment as except Bihar Pension Rules forfeiture of pension is without jurisdiction.

(Anil Kumar Upadhyay, J) Ravi/- U