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2002 DIGILAW 310 (JHR)

Shyama Kant Pathak v. State Of Bihar

2002-03-07

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by the petitioner for direction on the Respondents to fix his pension and gratuity in the revised scale and to pay Provident Fund. Gratuity: leave salary: arrears of increment; Group Insurance with interest and also the full salary of the period of suspension from 10th October, 1996 to 24th December. 1998. 2. the writ petition was preferred by the petitioner at Patna before the Patna High Court has been transferred to this Court, as per Section 89(2) of the Bihar Reorganisation Act. 2000. 3. According to the petitioner, he was a Junior Engineer in the State of Bihar. He was placed under suspension on 10th October. 1996 by the order of Engineer-in-Chief-cum-Special Secretary. Road Construction Department. Bihar, Patna. He was to retire from service on 31st December. 1998 and a few days before his retirement, the order of suspension was revoked, vide order dated 23rd December. 1998. 4. The departmental proceeding which was initiated also concluded and petitioner was acquitted of the charge, vide Memo No. 2494 dated 10th April, 1999 issued by the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary. Road Construction Department. Bihar. The proceeding was not only dropped, but it was ordered that the period of suspension from 10th October. 1996 to 23rd December, 1998 will be treated on duty for all purposes. 5. Further case of the petitioner is that he has not been paid all the retiral benefits, though he is entitled to get pension, gratuity etc. in the revised scale, as made effective from 1.9.1996. 6. Having regard to the farts and circumstances, as the matter requires determination by the Respondents at the first instance, the case is remitted to the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary. Road Construction Department, Govt. of Bihar, Patna. He will ensure payment of Pension; Gratuity; leave salary; C.P.F.; Group Insurance etc. to which the petitioner is entitled, which have not yet been paid. If his pay has been revised then the authorities will take into consideration the revision of pay for the purpose of determination of pension etc. Further, if the petitioner has been exonerated from the charges, as claimed in the present case, the Respondents will pay the full salary of the period of suspension after adjusting the subsistence allowance, if any paid. 7. Further, if the petitioner has been exonerated from the charges, as claimed in the present case, the Respondents will pay the full salary of the period of suspension after adjusting the subsistence allowance, if any paid. 7. If time bound promotion has also been allowed, but arrears on such promotion has not been given, the Respondents will ensure such payment. 8. If necessary, the petitioner will also produce a copy of this order before the Director, Provident Fund and A.G. Bihar who will also ensure compliance of this order. 9. The Respondents shall take all endeavour to make payment within three months, failing which they will be liable to pay interest @5% apart from the statutory interest from the date of retirement. 10. The writ petition stands disposed of.