IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6301 of 2007
Pankaj Mohan Bhuin ... ... ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr.Rajiv Nandan Prasad
For the Respondents: Mr. J.C. to S.C.III
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3/24.4.2009
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.
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 Vs. 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:
“In view of that matter, this Court is of the opinion that for the
time being, the respondents should release 90% of his pension
and 90% of Gratuity. So far as the other amounts are
concerned, that will obviously have to await the outcome of the
criminal cases. So far as salary is concerned, the respondents
2.
cannot be mandated, at this stage to pay him salary on the
revised scale nor leave encashment on the said scale. All these
payments will have to await the outcome of the criminal cases.”
I am informed that this amount has been paid and order of this
court has been complied with. It has also been informed that the
petitioner has not challenged this order and thus, it has attained finality
and become binding against the petitioner herein. The fact remains that
the criminal proceeding are still pending and thus, in view of the direction
specifically issued in this case, it will not be appropriate to interfere with
the matter.
Considering the aforesaid facts and circumstances of the case, this
writ petition is accordingly dismissed.
(Ajit Kumar Sinha, J)
Sudhir/