SITARAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the prayer is to direct, the respondents-authorities to make immediate, arrangement for payment of pension, gratuity, leave encashment: and arrear of difference of pay with all consequential benefits.

(2.) THE petitioner retired from service of the State Government on 30th June, 1997 while posted as Headmaster, Rajkiya Middle School, Khanpur Pakri, Zandaha in the district of Vaishali. When he was not paid his full gratuity, 10% of pension and the amount of leave encashment, he filed the present writ petition seeking appropriate direction.

(3.) IN view of the law settled by the Apex Court in the case of Sahib Ram v. State of Haryana, reported in 1995 Supp (1) SCC 18, unless such finding is recorded, the recovery of alleged excess amount is not permissible.