RAM PRAKASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has invoked the writ jurisdiction of this Court claiming writ of mandamus for directing the respondents to pay full amount of pension, gratuity and leave encashment.

(3.) The petitioner attained the age of superannuation on 31st of July, 2012. The grievance of the petitioner is that without initiating any departmental proceedings, some of the retiral benefits, such as, gratuity, leave encashment etc. have been withheld. It is pointed out by the petitioner that Vigilance Case No. 16 of 2003 dated 16th of September, 2003 stands instituted against Mithila Minority Dental College and Hospital and its authorities in which petitioner and several unknown persons are suspected to be accused. It is also pointed out that the proceedings in the said case have been stayed by the Hon'ble Supreme Court on 12th of January, 2009. Therefore, the said proceedings cannot be taken into consideration for withholding the retiral benefits payable to the petitioner.