Surendra Prasad vs The State Of Bihar And Ors
2023 Latest Caselaw 695 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.22024 of 2013
     ======================================================

Surendra Prasad S/O Late Singheshwar Prasad Singh Village- Barahpur, P.O.- More, Via- Mokama, District- Patna.

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. Chairman, Bihar School Examination Board, Patna-17.

3. Secretary, Bihar School Examination, Board, Patna-17.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Adv. For the B.S.E.B : Mr. Manish Kumar, Adv. For the State : Mr. Kameshwar Kumar, GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL JUDGMENT

Date : 07-02-2023

1. Learned counsel for the respondent informs this Court that

the petitioner attained superannuation on 31st July 2001

preferred this writ petition claiming benefit of A.C.P. The same

has been granted by the Bihar School Examination Board, Patna

vide its order dated 12th July 2022. The first and second A.C.P.

has been granted with effect from 09.08.1999. The order passed

by the Bihar School Examination Board, Patna is taken on

record.

2. In terms of the aforesaid order dated 12.07.2022, the

respondents are expected to release the entire arrears of salary

and also arrears of retiral benefits after refixation of pension.

Patna High Court CWJC No.22024 of 2013 dt.07-02-2023

This Court notices that in para 2 of the order dated12th July

2022, the Board has treated the said period as notional for the

purpose of release of salary and accordingly, the arrears for the

said period have been denied. This Court finds that the

petitioner had already retired in 2001. Hence, the Board's

circular of 27.11.2009 for payment of salary from 2019 till 2006

would not be applicable on him as he is not required to be paid

salary but is to be paid pension for the said period which is

continuous.

3. Keeping in view thereto, the petitioner's arrears shall be

prepared continuously from 2001 up to the date of payment and

interest at the rate of 9% on the arrears of pension shall also be

payable. The said exercise shall be conducted if not conducted

within a period of three months from today.

4. The writ petition stands disposed of accordingly.

(Sanjeev Prakash Sharma, J) Sachin/-

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