SHYAM NANDAN DAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel, appearing on behalf of the petitioner, learned Standing Counsel No.16, appearing on behalf of the State of Bihar, and learned Counsel, appearing on behalf of respondent No.10.

(2.) The petitioner, in the present application, filed under Sec. 226 of the Constitution of India, seeks a direction to the authorities under the Agriculture Department, Government of Bihar, Patna, to pay to him full gratuity amount, fix his pension in up-to-date revised scale and also pay to him the General Provident Fund amount with up-to-date statutory interest. The petitioner has also sought for a direction to the concerned authorities for considering his case for grant of 1st and 2nd Assured Career Progression with effect from 09.08.1999, in terms of revision of pension etc.

(3.) Certain facts are not in dispute. The petitioner was appointed as Agriculture Inspector, on 24.10.1966, in the Department of Agriculture, Government of Bihar, Patna. As per his date of birth, he could have superannuated with effect from 31.01.2001. For some reason or the other, he continued to discharge his duties even after the actual date of his superannuation till 2004. When it was detected that he ought to have retired with effect from 31.01.2001, his continuance thereafter was held to be illegal.