SUNIL KUMAR CHAUDHURI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner Sunil Kumar Choudhuri, a retired Judge of this Court, has moved as under Articles 226 and 227 of the Constitution of India for issuance of a writ of mandamus commanding the respondent to pay car allowance, house rent allowance. Prayer has also been made for direction to the State Government to extend leave travel concession facility to him and to restrain the respondents from deducting from his salary pay equivalent to gratuity (P. E. G. for short). Incidental to it is a prayer for payment of all sums deducted uptill now as P. E. G.

(2.) The petitioner was appointed Chairman of the Bihar State Administrative Tribunal (hereinafter to be called Tribunal) as a sitting Judge of this Court. The notification was issued on 1-12-1985 which is annexure-2 to this application. The petitioner's stand is that in terms of annexure-2, he is entitled to the grant of the reliefs prayed for in this application. The stand of the State is that the petitioner is not entitled. Both parties relied upon annexure-2 as the document in support of their, stand.

(3.) The petitioner retired as a sitting Judge on 25-6-1986. He was discharging the functions of sitting Judge till that date as well as that of Chairman Bihar State Administrative Tribunal.