SHEO PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present writ petition for a direction to the respondents to provide the petitioner with the revised post retirement benefits in terms with the Government order dated 3rd February, 1984 (annexure -1). In effect it has been prayed for release of the increments with effect from 14th June, 1975, fixation of pay on release of such increments, and fixation of post retirement benefits on that basis.

(2.) THE petitioner was appointed as Junior Engineer on 29th May, 1953. He was then promoted to superior post of Assistant Engineer in the year 1975. The petitioner superannuated from the services of the respondents -State on 31st January, 1990.

(3.) ACCORDING to the respondents, in terms with the Govt. circular, the petitioner was required to pass Hindi noting and drafting examination for release of year to year increment. The petitioner having not passed the requisite departmental Hindi noting and drafting examination, the increment which was due to the petitioner since 14th June, 1975 was not released. The petitioner was paid the salary without release of such increments till the date of superannuation, by the date the petitioner having not passed such examination. Counsel for the respondents states that in the aforesaid background, the post retirement benefit has been calculated and paid to the petitioner on the basis of last pay drawn by the petitioner.