Man Sarovar Singh v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2055 of 2021 ====================================================== Man Sarovar Singh, Male, aged about 62 years, Son of Bhaw Sagar Singh, Resident of Village-Bhadseni, Police Station-Hisua, District-Nawada. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Nawada.

3.

The D.D.C., Nawada.

4.

The Sub-Divisional Officer, Nawada.

5.

The Treasury Officer, Nawada.

6.

The Block Development Officer, Akbarpur, Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Birendra Kumar, Advocate For the Respondents :

Mr. Anjani Kumar, AAG 4 Mr. Sanjay Kumar, AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-04-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner was put under suspension on account of certain charges of misappropriation of fund. Petitioner attained the age of superannuation on 31.05.2018 while he was under suspension and also in custody. He was released on bail vide order dated 01.08.2018 passed in Cr. Misc. No. 7785 of 2018. Learned counsel appearing on behalf of the petitioner would submit that the petitioner is entitled to payment of post retiral dues and also payment of salary for the period of suspension as suspension of the petitioner was revoked on

Patna High Court CWJC No.2055 of 2021(2) dt.07-04-2021 2/2 attaining the age of superannuation.

Considering the fact that the petitioner superannuated during the period of suspension in May, 2018, the writ application is disposed of with a direction to the respondents to appropriately decide the claim of the petitioner for grant of salary for the period of suspension and payment of post retiral dues in accordance with law including Bihar Pension Rules. Necessary decision must be taken by the respondents within a maximum period of six months from the date of receipt/ production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U