LAWS(PAT)-2016-12-109

NAGESHWAR THAKUR Vs. STATE OF BIHAR

Decided On December 20, 2016
NAGESHWAR THAKUR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The instant writ application has been filed by the petitioner for directing and commanding the respondent authorities to pay post retirement dues as per revised pay scale of the petitioner with interest and cost.

(2.) The petitioner was appointed as a trained teacher at Middle School, Rajapur Mahraji, Kalyanpur Block, East Champaran on 2nd December, 1980. After serving for more than 30 years, he retired on attaining the age of superannuation on 31st July, 2011 as Incharge Headmaster, Patahi Middle School (Boys), Patahi, East Champaran, Motihari.

(3.) It is contended by the learned counsel for the petitioner that at the time of his retirement, the documents relating to petitioner's arrear pension and other post retirement benefits were sent to the District Education Officer along with all necessary documents but the respondents failed to start paying him pension. However, it is admitted that during pendency of the writ application, the respondents have paid the amount under the head Group Insurance, Provident Fund and Leave Encashment as per revised pay scale and No Dues Certificate for payment of his pension has been issued wherein it has been stated that the gratuity amount of the petitioner shall remain withheld.