Dinesh Kumar Dinkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8885 of 2019 ====================================================== Dinesh Kumar Dinkar, Son of Late Kameshwari Prasad Sharma, Resident of Village-Ramgarh, P.S. Hilsa, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The District Magistrate, Nalanda.

3.

The Additional Collector, (Establishment), Nalanda. 4.

The Block Development Officer, Chandi, Nalanda. 5.

The Circle Officer, Rahui, Nalanda.

6.

The Treasury Officer, Nalanda.

7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Ajey Kumar For the Respondent/s :

Mr. Sheo Shankar Prasad ( Sc8 ) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner retired from the post of Clerk on 31.10.2017 while working on deputation in the office of the Block Development Officer, Chandi, District- Nalanda. A departmental proceeding as well as vigilance case is pending against the petitioner. He submits that in view of 43(c) of the Bihar Pension Rules, the petitioner is entitled to 90% pension, gratuity and all other retiral benefits including leave encashment, group insurance, provident fund, etc. along with admissible interest. He submits that the General Administration

Patna High Court CWJC No.8885 of 2019(2) dt.29-04-2019 2/2 Department has issued a General Circular with regard to retired employees who are facing departmental and vigilance case to release 90% pension, gratuity and other retiral benefits which is Annexure-7 dated 26.09.2018.

Considering the nature of claim and the letter issued by the General Administration Department, Government of Bihar, the respondent no. 2, the District Magistrate, Nalanda is directed to look into the claim of the petitioner and pay the admissible retiral benefits including the pension, gratuity and other dues within a period of three months from the date of receipt/production of the copy of this order. Writ application is disposed of accordingly.

(Nilu Agrawal, J) devendra/priyanka U