RAGHUNANDAN MISHRA Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The petitioner was a Senior Malaria Inspector. After a departmental proceeding his services were terminated by an order contained in Annexure '6' the operative portion of which reads as follows: - - "" The order terminating the services of the petitioner was challenged in C.W.J.C. No. 352 of 1979 when a Bench of this Court, while dismissing the application, observed that the apprehension of the petitioner that the order will adversely affect payment of his gratuity and other benefits had no foundation. The petitioner thereafter applied for preparation of his pension papers and for payment of gratuity. By order as contained in Annexures 6 and 7, the authorities held that since the services of the petitioner had been terminated "" he had forfeited the right to get either pension or gratuity. Against that order, this petitioner has come to the Court and prays to quash the orders as contained in Annexure 6 and 7 with a further prayer to issue mandamus directing the authorities to grant him pension and gratuity as provided in law. Rule 46 of the Bihar Pension Rules, 1950 reads thus:

(2.) In the result, the application is allowed, the orders as contained in Annexures 6 and 7 are quashed and the authorities are directed to grant pension and gratuity, besides other benefits which may be admissible to the petitioner in law, expeditiously. There will be no order as to costs.