- (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: That in this instant writ application the Petitioner prays for grant of an appropriate writ in the nature of mandamus or an order director commanding upon the Respondents to pay and release an amount under the head of gratuity, leave salary, and remaining 10 % of pension and the difference of amount with the head of pension calculating the service period under suspension and its annual increments as also the subsistence allowance from 10-01-1996 to 21-8-1996 with interest of the rate of 10 % Per annum over and above statutory interest and within a specified period and for any other writ, order or direction as this Hon'ble Court deems fit and proper.
(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.;