SURENDRA NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner, who resigned from the service on 1.12.1987 while holding the post of Assistant Town Planner (Architecture) under the State Government, is aggrieved on account of non -release of his retiral benefits, besides other dues such as arrears of salary from 1.4.1986 to 30.11.1987, amount of deputation allowance and the amount on account of revision of pay etc.

(2.) ONE of the important questions for consideration is whether in the case of resignation, the petitioner can claim for grant of pension in view of the provisions contained under rules 101 and 135. of the Bihar Pension Rules.

(3.) HAVING regard to the facts and circumstances, this Court considers it expedient to dispose of the writ petition with the direction that the petitioner may file a detailed representation with respect to entire claim under different heads before the Secretary, Urban Development Department, Government of Bihar, Patna (respondent no. 2), which, it filed within two weeks, shall be examined and disposed of item -wise by a reasoned order by respondent no. 2 within four weeks. The respondent no. 2 shall also ensure issuance of sanction order/payment, for which no authority from the Accountant General is required, within the said time, failing which he shall be liable to pay a cost of Rs. 2,000/ - (two thousand) from his pocket to the petitioner and the petitioner will be at liberty to file two -page affidavit for revival and for taking appropriate action.