ABHIMANYU KUMAR SINGH, S/O LATE BAIJNATH SINGH, R/O VILLAGE Vs. THE STATE OF BIHAR THROUGH ITS SECRETARY, EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) The petitioner superannuated from the Bihar Hindi Granth Academy and by this writ petition, has sought payment of Gratuity, Contributory Provident Fund, Leave Encashment and arrears of salary as per revision of salary consequent to 4th, 5th and also 6th Pay Revision.

(2.) A counter affidavit has been filed on behalf of respondent nos. 3 & 5 stating that as the post was non-pensionable, there is no gratuity payable. So far as CPF is concerned, in the counter affidavit, it is submitted that about Rs. 1,70,000.00 have been paid, leaving balance still to be paid. The counter affidavit is silent about Leave Encashment with regard to arrears of salary consequent to pay revision. In the counter affidavit itself, it is admitted that the Board has accepted up to 5th Pay Revision.

(3.) In my view, even that does not appear to have been paid to the petitioner which was his grievance remains both with regard to 4th, 5th Pay Revision as also the 6th Pay Revision which has now come, these issues have already been borne in by this Court in C.W.J.C. No. 12930/2010 and analogous cases (Chitranjan Murari Prasad Verma Vs. The State of Bihar & others) decided on 06.03.2013 , in relation to Bihar Hindi Granth Academy itself.