Birchandra Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.2833 of 2014 dt.30-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2833 of 2014 =========================================================== Birchandra Singh son of Late Deonandan Singh, Resident of Village - Matiya, Police Station - Baruraj, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar New Secretariat Building, Bailey Road, Patna - 800001

2. The Principal Secretary, Human Resources Development Department, Government Of Bihar New Secretariat Building, Bailey Road, Patna - 800001

3. The Regional Deputy Director, Education, Tirhut Division, Muzaffarpur

4. The District Education Officer, Muzaffarpur

5. The District Programme Officer (Establishment), Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SANJAY KUMAR VERMA For the Respondent/s : Mr. MANIKANT MISHRA =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 30-01-2016 This writ application is dismissed with an observation that the right of the petitioner for balance pension and gratuity etc. will only accrue provided petitioner comes clean in the vigilance case, which has been instituted against him and is pending, a fact concealed by him previously in the previous proceeding as is the stand of the State in the counter affidavit. In addition to that, petitioner is refusing to co-operate with the respondent authorities to delay the matter. If that be so, let Vigilance Case No. 68 of 2010 be taken to its logical end and the petitioner is free to assert his right for balance pension of 10% thereafter.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U