SHOBHA KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case, the grievance of the petitioner is that though he rendered service in the office of this Court for 15 years 3 months and 20 days, whereafer he resigned, he has not been paid his pensionary benefits.

(2.) A counter-affidavit has been filed on behalf of respondents No. 3 to 5, who are Officers in the Registry of this Court. In the said counter affidavit the fact that the petitioner rendered service for the aforesaid period has been admitted. It has, however, been stated that the petitioner was placed under suspension with effect from 22-5-1970 and a departmental proceeding was started against him for absenting himself from duty without submission of application for leave and obtaining permission. Further, it is stated that by order dated 5-1-1971, the period of suspension undergone by him from 22- 5-1970 till 5-1-1971 was ordered to be treated as a period not on duty. It was also been stated that since the petitioner resigned from the post, no pensionary benefit is admissible to him in view of the provisions contained in Rule 101 (a) of the Bihar Pension Rules (in short 'the Rules') which provides that resignation of the public servant entails forfeiture of past service. Accordingly, it has been submitted that the reliefs prayed for in this writ-petition are not tenable in law.

(3.) Mr. Jha, learned Counsel appearing for the petitioner submitted that Rule 101 of the Rules is not applicable to the facts of the present case. It is submitted by him that the resignation of the petitioner was not on account of any misconduct, insolvency, inefficiency not due to age, or failure to pass a prescribed examination which entails forfeiture of past service.