Ramjee Prasad v. The Principal Secretary Cum Ch

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8120 of 2012 =========================================================== Ramjee Prasad Son of Late Thakur Bhagat Resident of Village- Belwarganj, Post Office- Gulzarbagh, Police Station- Alamganj, District- Patna. .... .... Petitioner/s

Versus

1. The Principal Secretary -cum-Chairman Bihar Industrial Area Development Authority, 2nd Floor, New Secretariat Building, Bailey Road, Patna.

2. The Bihar Industrial Area Development Authority through its M.D., B.I.A.D.A. Udhyog Bhawan, East Gandhi Maidan, Patna-800004.

3. The Managing Director, Bihar Industrial Area Development Authority, Udhyog Bhawan, East Gandhi Maidan, Patna- 800004.

4. The Secretary, Bihar Industrial Area Development Authority, Udhyog Bhawan, East Gandhi Maidan, Patna-800004.

5. The Executive Director, Bihar Industrial Area Development Authority, Udhyog Bhawan, East Gandhi Maidan, Patna-800004.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-12-2015 Heard learned counsel for the parties.

Though the issue with regard to the petitioner relates to payment of gratuity with the upper limit of Rs. 10,00,000/- and also payment of leave encashment, learned counsel for the petitioner very fairly submits that in view of the decision of the BIADA to grant benefit of the leave encashment of 300 days having been made effective from 07.01.2015, the petitioner having superannuated prior to that, he shall not press the point in the present writ application. It is further his contention that even the amount at the pre-existing limit has also not been fully paid.

Learned counsel for the petitioner has drawn the

Patna High Court CWJC No.8120 of 2012 dt.18-12-2015 2/2 attention of the Court to an order dated 23.11.2015 passed in C.W.J.C. No. 181 of 2015 by which the Court has disposed off the writ petition holding that the BIADA is liable to pay gratuity with an upper limit of Rs. 10,00,000/-. Learned counsel for the respondents dose not dispute the position.

In view of the aforesaid, the present writ application also stands disposed off in terms of the order dated 23.11.2015 passed in C.W.J.C. No. 181 of 2015 with the only modification that the amount shall be paid latest by 31st October, 2016.

(Ahsanuddin Amanullah, J.) Anand Kr.

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