High CourtsSingle Bench(2011) 07 JH CK 0168

Ajay Kumar Mukherjee vs State of Jharkhand and Others

Jharkhand High Court · Decided on 13 July 2011 · Citation: (2012) 1 JCR 206

HON’BLE JUDGES
Rakesh Ranjan Prasad, J
CASE NUMBER
Writ Petition (S) No. 3428 of 2011

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Judgment

5 paragraphs · 358 words

R.R. Prasad, J.—Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

Learned counsel for the petitioner submits that while the petitioner was in Bihar Education Service Class-I and II, he rendered his services in the Bihar School Examination Board as the Secretary and when the petitioner got retired from the post of the Regional Deputy Director of Education, the amount of the pension payable to the petitioner was fixed by the Office of the Accountant General and as because of the reason that the petitioner was in foreign service i.e. in the service of the Bihar School Examination Board, the Bihar School Examination Board, in terms of the provision of Rule 276(1) of the Bihar Service Code needs to make contribution towards pension and the leave salary during which the petitioner rendered services in the foreign department and such contributions which are to be made by the Bihar School Examination Board had been made known by the Office of the Accountant General to the Secretary, Bihar School Examination Board vide letter as contained in Memo No. 1139, dated 10.06.2011. but in spite of that contribution which the Bihar School Examination Board is supposed to be made has not yet been made and, therefore, the petitioner has come to this Court.

3.

Having heard learned counsel appearing for the parties, there is no dispute that the Bihar School Examination Board is required to make contribution towards pension and the leave salary of the petitioner and the contribution which the Board is supposed to make is there in the letter written by the Accountant General to the'' Secretary, Bihar School Examination Board as contained in Memo No. 1139, dated 10.06.2011.

4.

In that view of the matter, the respondent No. 7 (the Secretary, Bihar School Examination Board, Patna) is hereby, directed to do the needful in the matter of remittance of the contribution towards pension and the leave salary, in terms of the letter of the Accountant General, within a period of two months, from the date of the production of a copy of this order.

5.

With aforesaid directions, this writ application is disposed of.