LAWS(JHAR)-2011-7-132

AJOY KUMAR MUKHERJEE Vs. THE STATE OF JHARKHAND

Decided On July 13, 2011
AJOY KUMAR MUKHERJEE Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) Learned counsel for the petitioner submits that while the petitioner was in Bihar Education Service Class-I and II, he rendered his services in the Bihar School Examination Board as the Secretary and when the petitioner got retired from the post of the Regional Deputy Director of Education, the amount of the pension payable to the petitioner was fixed by the Office of the Accountant General and as because of the reason that the petitioner was in foreign service i.e. in the service of the Bihar School Examination Board, the Bihar School Examination Board, in terms of the provision of Rule 276(1) of the Bihar Service Code needs to make contribution towards pension and the leave salary during which the petitioner rendered services in the foreign department and such contributions which are to be made by the Bihar School Examination Board had been made known by the Office of the Accountant General to the Secretary, Bihar School Examination Board vide letter as contained in Memo No. 1139, dated 10.06.2011. but in spite of that contribution which the Bihar School Examination Board is supposed to be made has not yet been made and, therefore, the petitioner has come to this Court.

(3.) Having heard learned counsel appearing for the parties, there is no dispute that the Bihar School Examination Board is required to make contribution towards pension and the leave salary of the petitioner and the contribution which the Board is supposed to make is there in the letter written by the Accountant General to the' Secretary, Bihar School Examination Board as contained in Memo No. 1139, dated 10.06.2011.