LAXMI CHAUDHARY SON OF LATE SANT LAL CHAUDHARY Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT OF BIHAR, PATNA

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners for a direction to the respondents to pay the entire retiral benefits, i.e., gratuity and benefit of 6th pay revision.

(2.) The petitioners are retired employees of the Bihar Hindi Granth Academy (for short "Academy"). Upon retirement, they have been paid their arrears of salary and leave encashment. It is not in dispute that the employees of the Academy have been extended the benefits of 4th and 5th pay revision.

(3.) Learned counsel for the petitioners submitted that this Court, vide order dated 06.03.2013, passed in CWJC No. 12930 of 2010 and analogous cases, has held that the retired employees of the Academy shall enjoy all the facilities akin to government servant with the exception of pension. They would be entitled to gratuity and leave encashment as well. It further held that they would be entitled to pay revision, if the Board of the Academy has decided to extend the same to their employee. He has submitted that against the said order dated 06.03.2013, the State of Bihar filed LPA No. 1569 of 2014, which was dismissed by the Division Bench on 09.05.2017.