Ashok Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11926 of 2016 ====================================================== Ashok Kumar Jha Son of Late Umapati Jha resident of Radha Krishna Kunj, C.P. Jhakur Path, Shivpuri East, P.S. Krishnapuri, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of CoOperative, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Co - Operative, Government of Bihar, Patna 3.

The Joint Secretary, Co - Operative Department, Government of Bihar, Patna 4.

Deputy Secretary, Co - Operative Department, Government of Bihar, Patna 5.

Accountant General, Veerchand Patel Marg, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikas Kumar, Adv.

For the Respondent/s :

Mr.Vishwambhar Prasad, AC to AAG-5 For Accountant General :

Dr. Anand Kumar, Adv.

Mr. Bipin Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2019 In view of the law laid down by the learned Full Bench of this Court in a judgment, reported in 2018(2) PLJR 933, it is now settled that during the pendency of a criminal case, an employee, after superannuation, is required to be paid only 90% pension & gratuity amount but is not required to be paid the leave encashment amount, hence the learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to re-agitate his grievances after the verdict of the pending criminal case or in case any fresh cause of action arises. Liberty so sought is granted.

Patna High Court CWJC No.11926 of 2016(6) dt.04-09-2019 2/2 The writ petition stands disposed of as withdrawn on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U