RADHAKRISHNA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has approached this Court for issuing a writ of mandamus commanding the respondents to pay his arrears of salary and retiral benefits.

(2.) It appears that the petitioner was working as a Peon in the office of respondent No. 6, the officer-in-charge, Majorganj P.S., Sitamarhi. Since his date of birth was February 10, 1940, he was due to retire on February 28, 1998 but was wrongly retired on December 31, 1989. He filed representation to the respondent No. 2, the District Magistrate, Sitamarhi, which was allowed on March 31, 1994 and he was directed to continue in the office till February 28, 1998. He again joined the post and retired on completion of his age of superannuation on February 28, 1998. The respondents have neither paid him salary for the period January 1, 1990 to March 31, 1994 nor his retiral benefits.

(3.) On the other hand, the case of the respondents is that the petitioners did not work from January 1, 1990 to March 31, 1994 and as such, he was not entitled for the salary for the period.