LAWS(PAT)-2010-3-6

DIGRANJAN KUMAR Vs. STATE OF BIHAR

Decided On March 03, 2010
DIGRANJAN KUMAR SON OF LATE NARADHIP THAKUR Appellant
V/S
STATE OF BIHAR THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT AND ORS Respondents

JUDGEMENT

(1.) The petitioner seeks a direction to the respondent authorities to release his post-retirement benefits admissible to him as permanent employee of the State Government.

(2.) According to the writ petition, the petitioner was engaged as an Engine Driver in the work-charge establishment of an Engineering Department of the Bihar Government. He was thereafter posted as Shift in-charge in the work-charge establishment on 18.8.63.He was on authorized medical leave for the period 28.3.1967 to 31.3.1967, and was thereafter on unauthorized leave without any information to the department upto 18.6.1986. He reported for duties on 19.6.86. By order dated 22.12.90 (Annexure 4), the Chief Engineer had allowed him to join his duties. He was finally allowed to join on 8.1.91, which was confirmed as would appear from the communication dated 14.1.91 (Annexure 13). It is further stated in the writ petition that his pay was fixed on 19.8.91. He superannuated with effect from 31.12.93, while still in the work-charge establishment of the Bihar Government.

(3.) In the back-ground of these facts and circumstances, that the petitioner complains before this Court that inspite of the communication dated 5.5.2001 (13/1), from the Executive Engineer to the Accountant General, the post-retirement benefits are not being sanctioned to his detriment. Hence this writ petition.