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2011 DIGILAW 640 (JHR)

Chitranjan Sharma v. State of Jharkhand

2011-07-11

RAKESH RANJAN PRASAD

body2011
ORDER R.R. Prasad, J. 1. By the Court.--Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. Learned counsel appearing for the petitioner submits that while the petitioner was working as Executive Engineer, Rural Development Special Division, Water Resources Department got retired on 31.7.2010 on his superannuation but he has been paid pension and the gratuity to the extent of 75% only by virtue of an order as contained in memo No. 4617 dated 23.11.2010 and thereby he was denied rest of 25% of the amount of pension and gratuity which is quite illegal and is in the teeth of the provision as contained in Rule 43(b) of the Bihar Pension Rules and is also against the decision rendered in a case of Dr. Dudh Nath Pandey v. State of Jharkhand and others, 2007 (4) JCR 1 (Jhr) (FB), and therefore, the order as contained in Annexure 1 is fit to be quashed. 3. A counter-affidavit has been filed on behalf of the State wherein it has been stated that 75% of the provisional pension and the gratuity has been sanctioned for the reason that a criminal case is pending against him and at the same time a departmental proceeding has been initiated for the irregularities committed by this petitioner putting the State to a great loss. 4. The reason which has been assigned for withholding of the rest of the amount of pension and gratuity is not at all justified, in view of the decision rendered in a case of Dr. Dudh Nath Pandey v. State of Jharkhand and others (supra) wherein it has been specifically held that under Rule 43(a) and 43(b) of the Bihar Pension Rules, there is no power for the Government to withhold the gratuity and pension during the pendency of the departmental proceeding or criminal proceeding. 5. In that, view of the matter, the order as contained in memo No. 4617 dated 23.11.2010 (Annexure 1) is hereby quashed so far it relates to denial of 25% of the amount of gratuity and pension. 6. Consequently, respondent No. 1, the Secretary, Water Resources Department, Government of Jharkhand is hereby directed to make payment of the rest of the amount to be payable towards pension and the gratuity to the petitioner within a period of two months from the date of receipt/ production of a copy of this order. 7. 6. Consequently, respondent No. 1, the Secretary, Water Resources Department, Government of Jharkhand is hereby directed to make payment of the rest of the amount to be payable towards pension and the gratuity to the petitioner within a period of two months from the date of receipt/ production of a copy of this order. 7. Accordingly, this application is allowed. Application allowed.