BIHARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Shri Pankaj Rai, Additional Chief Standing Counsel for the respondents.

(2.) BY means of present writ petition, the petitioner has prayed for direction in the nature of mandamus commanding the respondents to make payment of retiral benefits admissible to him by making fixation of his salary in revised pay scale along with arrears with interest and to pay salary during suspension period in accordance with law.

(3.) BRIEF facts giving rise to the present writ petition are that the petitioner was serving as Assistant Development Officer (Panchayat) in Block Naugarh, District Chandauli in the year 1997. He retired after attaining the age of superannuation on 31.8.1997. While the petitioner was in service, a disciplinary enquiry was initiated against him on account of which he was placed under suspension. The pay scale of the petitioner was revised in the years 1986 and 1996 but his salary was not fixed in the revised pay scales. In this regard, the petitioner made a representation. On 14.10.1999 the Block Development Officer, Naugarh, District Chandauli wrote a letter to the Block Development Officer, Majhawa, Mirzapur for fixation of salary of the petitioner in the revised pay scale, which was admissible to him from time to time in accordance with law. The petitioner made another representation on 27.3.2001 to the Block Development Officer, Naugarh, District Chandauli for payment of his GPF, revised pay scale, insurance money, gratuity and other retiral benefits admissible to him. All the aforesaid benefits were not paid to him merely on the ground that the disciplinary enquiry was pending against him. It is stated that in the disciplinary proceeding, which was pending against the petitioner, he has been exonerated vide order dated 15.2.2003 except deduction of Rs.54,600/ - from his retiral benefits. The petitioner did not prefer any appeal or revision against the order dated 15.2.2003. The petitioner requested the respondents for making final payment of retiral benefits after deducting an amount of Rs.54,600/ -. Again on 22.8.2003 the petitioner made representation before the respondent no.4 for payment of all the retiral benefits after excluding Rs.54,600/ -.