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2003 DIGILAW 486 (PAT)

Uday Narain Singh v. State Of Bihar

2003-04-25

RADHA MOHAN PRASAD

body2003
Judgment 1. In this writ petition, petitioner who retired as Assistant Director, Agriculture, Plant Protection while posted in the Office of the Joint Director, Plant Protection on 31.8.2002, is aggrieved on account of non-release of his retiral dues, except the amount of group insurance, which, according to the learned counsel for the petitioner, has been received by the petitioner. 2. A counter affidavit has been filed on behalf of respondent no.1, from perusal whereof it appears that 90% of provisional pension has only been sanctioned in view of the report by the Vigilance alleging that some irregularities have been committed by the petitioner during his service period. Nothing has been stated about the gratuity. However, there is nothing specific about the alleged irregularity nor it is claimed that any departmental proceeding has been initiated or criminal case has been instituted. Under such circumstances, in my opinion, withholding of payment of pensionary dues is not permissible in law. 3. As regards G.P.F., it is, however, stated in the said counter affidavit that the application in the prescribed format submitted by the petitioner has been forwarded to the Assistant Director, G.P.F., Bihar, Patna for issuance of authority vide Departments letter no. 656 dated 17.2.2003. 4. An affidavit has been filed on behalf of the Director, Provident. Fund (respondent no.5) in which it is stated that the final withdrawal application has not been received in his office. It is further stated that the answering respondent has issued letter to the concerned authority, and as soon as the same is received, the petitioner will be paid the G.P.F. amount without any delay. In support of It, he has annexed photo copy of the correspondence sent from the Office of the Director, Provident Fund to the Direct , Agriculture on 19.2.2003 whereas the aforementioned statement regarding forwarding the papers to the Assistant Director is based on Annexure B, which has been issued on 17.2.2003. This shows gross callousness on the part of the Government. 5. As regards leave encashment, it is stated in the counter affidavit filed on behalf of respondent no.1 that it has already been sanctioned through Departments letter no. 658 dated 18.2.2003 (Annexure C). From Annexure C it appears that the same has been sent to the Accountant General for issuance of authority. 5. As regards leave encashment, it is stated in the counter affidavit filed on behalf of respondent no.1 that it has already been sanctioned through Departments letter no. 658 dated 18.2.2003 (Annexure C). From Annexure C it appears that the same has been sent to the Accountant General for issuance of authority. Accordingly, the Accountant General, Bihar is directed to issue authority and the same shall be handed over to the learned counsel for the petitioner by Wednesday next (30.4.2003). 6. In the facts and circumstances aforementioned, the writ application is allowed with a cost of Rs. 1,000/- (one thousand) to be paid by the Agriculture Production Commissioner, Government of Bihar, Patna (respondent no.1) from his own pocket to the petitioner and a receipt in token thereof must be filed by him in this Court within a week. Respondent no.1 is directed to issue sanction order for final pension and gratuity within a week of the receipt/production of a copy of this order. Respondent no.1 is further directed to forward the relevant papers as required by the Director, Provident Fund, vide Annexure-A to his counter affidavit, within a week positively, whereupon the Director, Provident Fund shall issue authority with respect to G.P.F. with up-to-date statutory interest within three days. 7. In case of non-compliance of any part of this order, the concerned authority shall be liable to pay a further cost of Rs. 1,000/- (one thousand) from his pocket to the petitioner and the petitioner will be at liberty to file two pages affidavit for revival of this matter and for taking appropriate action.