LAWS(PAT)-2010-4-735

SAJDA ALAM Vs. STATE OF BIHAR AND ORS

Decided On April 23, 2010
SAJDA ALAM Appellant
V/S
STATE OF BIHAR AND ORS Respondents

JUDGEMENT

(1.) Mr. B.P. Pandey, learned Senior Counsel for the petitioner, Mr. Binay Kumar, learned Assisting Counsel to the G.P.5 for the State and Mr. L.P.K. Rajgrihar, representing the Accountant General, Bihar are present.

(2.) The original petitioner had superannuated from the post of Chief Engineer with effect from 30.11.1984 and filed the present writ petition after almost 21 years seeking, inter alia, a direction to the respondents for payment of the gratuity, leave encashment, G.P.F. amount(s) and also for payment of the interest at the rate of 12% per annum.

(3.) An explanation for the delay has been set out in paragraph-6 of this writ petition in approaching this Court stating therein about the deteriorating mental condition of the original petitioner. It is stated that the wife of the petitioner had approached the department concerned for processing the pension papers for payment of the post retiral benefits, but the same was not responded to. A formal application for payment of post retiral dues was filed by the petitioner on 31.7.2003 as is apparent from paragraph-4 of the counter affidavit filed on behalf of respondent Nos. l and 2.