KRISHNA MEHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondent authorities to pay an amount of Rs.1,30,324/- deducted from the gratuity amount and Rs.69,750/- deducted from the leave encashment amount along with interest at the rate of 9% per annum till date of actual payment.

(2.) THE facts, in brief, are that the husband of the petitioner was initially appointed as Skilled Assistant at Government Higher Secondary Technical School, Raigarh on 19-8-1964. THEreafter, he was posted at various places and when he was working as In-charge Librarian in Government Polytechnic College, Ambikapur, died on 4-4-2007 due to brain tumor. In fact, the deceased employee was to retire in the month of January, 2008. THE husband of the employee was entitled to gratuity amount of Rs.1,91,000/- and an amount of Rs.69,750/- as leave encashment. However, the respondent authorities deducted an amount of Rs.1,30,324/- from the gratuity amount, as is evident from the challan (Annexure - P/2) and an amount of Rs.69,750/- from the leave encashment amount, as is evident from Annexure - P/3. THE aforesaid deductions have been made on the ground that while the husband of the petitioner was working as In-charge Librarian, some books were missing from the library of the Government Polytechnic College, Ambikapur. Thus, this petition.

(3.) ON the basis of which a committee was constituted on 23-7-2007 (Annexure - R/2). The committee submitted its report vide Annexure - R/3 and found shortage of Rs.3,12,701.30. Thereafter, the Principal asked the petitioner and her son to visit the library and verify the shortage of books and other articles as per the report submitted by the committee. Accordingly, the petitioner and her son appeared and found shortage to the tune of Rs.2,07,122/-. Subsequently, the Principal directed the petitioner to deposit the said amount so asto settle the retiral dues of the deceased employee, but no action was taken by the petitioner. Thus, the authorities have no other alternative than to deduct the amount from the death-cum-retiral dues of the deceased employee. The impugned action of the respondents is just & proper and does not warrant interference of this Court.