BEFORE THE LOK ADALAT HELD AT HIGH COURT PATNA CWJC No.4191 of 2006 Petitioner :DASHRATH PRASAD Respondent :THE STATE OF BIHAR & ORS Present:- Member(Judicial) :Mr. Justice Mihir Kumar Jha Member(Legal Profession) : Smt. Nivedita Nirvikar, Advocate AWARD The dispute between the parties having been referred for determination to the Lok Adalat and the parties having compromised/ settled the case/matter, the following award is passed in terms of the settlement: After deliberation and discussion between the parties, it finally emerged that the dispute can be resolved in the following terms:- (i) The petitioner, while holding the post of Nazir was subjected to an order of punishment of dismissal from service in a departmental proceeding vide an order dated 14.10.1992 which appears to be affirmed in appeal by an order dated 21.6.1995. Such order was quashed by this Court on 14.2.2005 in C.W.J.C. No. 9917 of 1999 at a point of time when the petitioner had already attained the age of superannuation and, therefore, even if on remand by this Court any order of punishment could have been passed, the same could have been only with regard to withholding of certain portion of pension in terms of Rule 43(b) of the Bihar Pension Rules. According to the petitioner, such order has not been passed and communicated to him by way of compliance of the order of this Court dated 14.2.2005 and therefore, he becomes entitled for full pension and other retirement benefits. On the other hand, counsel for the State has also pointed out that whatever amount that the petitioner will be entitled for payment by way of retirement benefit would be dependent on the order of the Collector on remand. The parties have therefore, agreed that the admissible retirement benefits as per law would be paid to the petitioner in terms of the fresh order to be passed by the Collector, Aurangabad within a period of three months from the date of receipt/production of a copy of this order. (ii) The claim of payment of salary, being not part of the retirement benefit, the petitioner will be entitled to raise this question separately before the Collector of Aurangabad district, who will take a decision strictly in accordance with law within a period of two months from the date of receipt/production of a copy of this order and also pay such amount if any, in next one month to the petitioner. The dispute in this matter, therefore, stands resolved in the aforesaid terms and is accordingly disposed of. The parties are informed that the court fee, if any, paid by any of them shall be refunded. ___________________ Petitioner/Petitioner's representative) ___________________ Respondent/Respondent's representative) ( Mihir Kumar Jha) (Nivedita Nirvikar), Advocate Member(Judicial) Member(Legal Profession) Date :01-05-2010 (Seal of the Authority)