IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1393 of 2010 Dr.Gauri Shankar Prasad son of late Sukhdeo Narayan, resident of village – Deogan, P.O and P.S. Kurhani, District Muzaffarpur (Bihar) at present residing at Mohalla Chesiar Home Road, Bariatu, Ranchi, P.O Bariatu, P.S. Bariatu, District Ranchi- 834009 .......Appellant Versus 1. The State Of Bihar through the Secretary, Department of Animal Husbandry, Government of Bihar, Vikash Bhawan, New Secretariat, Patna 2. The Secretary, Department of Animal Husbandry, Government of Bihar, Vikash Bhawan, New Secretariat, Patna 3. The Director, Department of Animal Husbandry, Government of Bihar, Vikash Bhawan, New Secretariat, Patna 4. The Regional Director, Department of Animal Husbandry, South Chotanagpur Range, Ranchi (Jharkhand). 5. The Accountant General ( A & E) Bihar, Birchand Patel Path, Patna .......Respondents ----------- For the appellant: Mr Jitendra Singh, Sr. Advocate Mr. Tej Pratap Singh, Advocate Mr. Rajeev Kumar Singh, Advocate Mr. Kamal Kishore Singh, Advocate For the State of Bihar: Mr. Prahlad Kumar Bhagat, AC to AAG- V For the State of Jharkhand: Mr. Dhrub Mukherjee, Sr. standing counsel For the Accountant General Bihar: Mr. J. P. Karn, Sr. Advocate ----------- 3 17-09-2010 Heard learned counsel for the appellant, learned counsel for the State of Bihar, learned counsel for the State of Jharkhand and learned counsel for the Accountant General, Bihar. This intra court appeal arises out of order of a learned Single Judge dated 11-5-2010 whereby he has dismissed the writ petition preferred by the appellant bearing CWJC no. 13054/2005 after holding that in view of his conviction in a criminal case he will not be entitled 2 for any pension or gratuity. 2. At the relevant time petitioner was holding the post of District Animal Husbandry Officer, Ranchi. He was allegedly involved in the conspiracy in connection with defalcation of Government money in a big way popularly known as fodder scam. He was dismissed from service on 21-2-1996 without any proceeding on account of his involvement in the fodder scam. The said order of dismissal was set aside by this court on 11-1-2005 but liberty was granted to the authorities that they may proceed against the petitioner/appellant in accordance with law. In the meanwhile, the writ petitioner crossed the age of superannuation on 31-12-1996. Ultimately, he was convicted in the fodder scam case on 12-4-2006 leading to punishment of 7 years R.I and fine. But before such conviction he preferred the writ petition in question in the year 2005 to claim retiral benefits including pension and gratuity. During the pendency of the writ petition an order has been issued on 17-2-2009 (the writ court has treated that order dated 15-2-2009). By that order the 3 State of Bihar exercised its powers under Rule 43(b) of Bihar Pension Rules and held that in future pension and gratuity will not be paid to the writ petitioner permanently. 3. The writ court dismissed the claim of the writ petitioner for pension and gratuity on account of his conviction in the criminal case of 1996. 4. Learned counsel for the appellant has raised a limited grievance on the basis of a Division Bench Judgement of this court in the case of State of Bihar Vs Ganga Bishun Mahto reported in 2001(4) PLJR 435 that during the pendency of the criminal proceeding the appellant was entitled to receive provisional pension as per different circulars issued by the State Government itself and in terms of such circulars the dues of pension at the permissible rate of 90% or any other appropriate rate as per circulars must be paid to the appellant. 5. The judgement of Division Bench of this court in the case of State of Bihar Vs. Ganga Bishun Mahto (Supra) clearly supports the aforesaid plea raised on behalf of the appellant. Hence, while not interfering 4 with the order of the State Government dated 17-2-2009 which was annexure-5 to an interlocutory application filed in the writ proceeding, the order under appeal is modified to a limited extent and the respondent authorities of State of Bihar are directed to sanction and pay the dues of provisional pension to the appellant at the appropriate admissible rate as per its circulars for the period after 31-12-1996 till 12-4-2006 when the appellant was convicted in the criminal case. Dues payable on this account must be paid without any delay, preferably, within four months. The appeal is disposed of accordingly. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)