SHAIKH ABDUL MANNAN SON OF LATE MANEER AHMAD, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) The instant writ application has been filed by the petitioner to direct the respondents to pay him pension and 10% of the remaining amount of gratuity.

(2.) The petitioner retired on 31st Jan., 2013 from the post of Assistant teacher from Boys Middle School, Hussainganj, Siwan.

(3.) It is submitted by the learned counsel for the petitioner that while the petitioner was in service no disciplinary proceeding was initiated against him. After retirement, an FIR was instituted against the petitioner and a proceeding under Rule 43(b) of the Bihar Pension Rules (for short the Pension Rules) has also been initiated against him. It is submitted that though the petitioner submitted duly filled up pension papers in prescribed form in April, 2013 for payment of his post retiral benefits including pension, the official respondents have not paid 10 per cent gratuity and 100 per cent pension to the petitioner.