PANKAJ MOHAN BHUIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioner for payment of full pension and Gratuity as well as salary for the period 14.2.1996 to 31.10.1998 and also the arrears of leave encashment on account revision in pay in the light of the judgment and order dated 28.8.2007 passed by a full Bench of this Hon'ble Court in L.P.A. No. 714 of 2004 as the petitioner's case is similar to the case decided by the full Bench of this Hon'ble Court and consequently make payment of the full pension and gratuity as well as salary for the period 14.2.1996 to 31.10.1998 and also the arrears of leave encashment on account of revision in pay without any further delay with interest @ 18% p.a. and also for grant of other consequential relief.

(2.) THE learned counsel for the petitioner has referred to and relied upon a Full Bench Judgment of this court passed in L.P.A. No. 714/2004 (Dr. Dudh Nath Pandey V/s. The State of Jharkhand & Ors.) pronounced on 28.8.2007. He further contended that he is entitled to Leave Encashment in view of that order and further contended that in view of that order authority cannot withhold the amount of Leave Encashment, Gratuity or pension. He further draws my attention to a writ petition preferred by the present petitioner earlier and the same has been reported in 2005(2) JLJR pg 21 wherein at para 12 a specific direction has been given by this court which is quoted as under: