This case was filled by Sudhir Kumar Sinha son of Late Chhatradhari Prasad Singh resident of A/8, Ashokpuri Colony, Khajpura, Bailey Road, P.S.- Shastri Nagar, DistrictPatna- 800014 against the State of Bihar. The Judgment in Sudhir Kumar Sinha v. State of Bihar (Citation: CWJC No.3824 of 2021) was delivered by HONOURABLE MR. JUSTICE ANIL KUMAR SINHA.
FACTS OF THE CASE:
This case was filled under Article 226 9f the Constitution of India, 1950. Through this petition the petitioner seeks the court to direct the respondents authorities to pay 10% pension and 10% gratuity to the petitioner, which has wrongly been withheld by the State. According to the petitioner the he is retired from the post of Executive Engineer, Flood Control Division, Samastipur, Water Resources Department and at the time of retirement no departmental and / or any criminal proceeding was pending against the petitioner. Further the respondent provided only 90% pension and gratuity was paid to the petitioner after retirement, however, without any departmental proceeding and / or any order passed by the respondent authority, 10% pension and gratuity has been withheld arbitrarily.
JUDGEMENT:
After going through the facts and arguments submitted by both the parties the Court observed that in the present matter no departmental proceeding and / or criminal case was pending against the petitioner on the date of retirement, and hence the action of the respondent authorities in withholding 10% pension and 10% gratuity of the petitioner is not tenable in law, further the court directed the respondents authority to issue sanction order for release of 10% pension as well as 10% gratuity to the petitioner within a period of two months from the date of receipt / production of a copy of this order.
