BACHASPATI MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner and perused the papers.

(2.) The present petition is filed by the Petitioner under Article 226 of the Constitution of India, for the following reliefs:

(3.) The short question arises in the matter is that whether in view of the judgment, dated 28.08.2007, passed in L.P.A. No. 714 of 2004, without initiating any proceeding under the Bihar Pension Rules, the Respondents are justified in withholding the amount of gratuity and 10 per cent pension and even other benefits. Another question, which arises for consideration is whether the Respondents would have any power to withhold gratuity on the part of the pension in absence of any proceeding. 4. Learned Counsel for the State has submitted that No. counter affidavit has been filed till date. However, he has requested to grant some time so as to enable him to take instructions and submit counter affidavit.