KAMESHWARPRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, while working as Head Clerk-cum-Accountant in Bhabua Municipality, superannuated from the service of the Municipality on 28-2-1991. His grievance in the writ application is that he has been illegally and arbitrarily denied pension and gratuity admissible to the employees retiring from the service of the Municipality.

(2.) It appears that earlier also the petitioner moved this Court in C.W.J.C. No. 6446 of 1992 which was disposed of by an order dated 11-5-1993, contained in Annexure 13, whereby and whereunder the Executive Officer of Bhabua Municipality (who was respondent No. 3 in the said writ application) was directed to look into the grievances of the petitioner and to pass a suitable order in accordance with law in regard to his grievances, whereafter on 8.6.1993 the Executive Officer of the Municipality (Respondent No. 3) rejected the claim of the petitioner for pension and with regard to gratuity, he passed order that it shall be paid when the fund is available.

(3.) The petitioner have prayed for quashing of the said order dated 8.6.1993, which is contained in Annexure 16, besides seeking direction to implement the order dated 6-12-1991, passed by the then Special Officer, contained in Annexure 6. and the subsequent resolution of the Board dated 23-8-1992 (Annexure 8) and the orders issued in pursuance thereof, contained in Annexures 9 to 12 and to pay arrears of pension and gratuity with effect from 1-3-1991 with interest.