BRAJ KISHORE SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel appearing for the State Sri Ramadhar Singh, G.P.- 25.

(2.) The present writ petition has been filed for directing the respondent-authorities to pay the outstanding retiral dues i.e. 10% pension, 10% gratuity, leave encashment and statutory interest on the delayed payment of the G.P.F. amount. The petitioner has also prayed for payment of salary for the strike period i.e from 07.01.2019 to 09.02.2019 as well as full salary w.e.f. 25.12.2010 till the date of retirement i.e. 31.01.2012, apart from payment of arrears of salary as per the Sixth Pay Revision report, w.e.f. 01.04.2007 and the benefit of 3 rd M.A.C.P.

(3.) The brief facts of the case are that the petitioner was appointed as a clerk, whereafter he had joined on the said post in the Health Department and he has been working as Clerk w.e.f. 01.05.1976. It is the case of the petitioner that while he was posted as Head Clerk in the office of Civil Surgeon-cumChief Medical Officer, Siwan, he got involved in one police case bearing Siwan Town PS case no. 184 of 2011, registered under Section 409 of Indian Penal Code on the charge of committing gross irregularities in purchase and distribution of medicines during the period 2005-08, not handing over the charge of Store Register and not handing over the purchase orders and bills regarding purchase of medicines worth a sum of Rs. 35 lacs relating to the period 2007-08. It is stated that the petitioner was suspended from service w.e.f. 25.12.2010, however during the course of suspension from service, the petitioner retired on 31.01.2012, whereafter the suspension order was revoked vide memo dated 28.02.2014. It is the contention of the petitioner that the petitioner has been representing before the concerned authorities regularly, however the aforesaid outstanding retiral dues have not been paid to the petitioner herein.