DINESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

(2.) Heard Mr. Ajit Kumar, learned counsel for the petitioner, Mr. S D Yadav, learned AAG 9 for the State and Mr. Kishore Kumar Sinha, learned counsel for the respondent no. 3.

(3.) Pursuant to the order dated 07.02.2019, a counter affidavit has been filed on behalf of the authorities in which it has been stated that the GPF, GIC and leave encashment dues have been paid, but with regard to pension and gratuity, the petitioner being the custodian of the record, his service book could not be located and despite request when he did not co- operate, the authorities have reconstructed the service book and the same was sent to the Accountant General. However, the Accountant General has returned it observing that it has to be counter signed by the petitioner. Learned counsel submitted that the petitioner has been sent repeated reminders to come and sign the duplicate service book, but he has still not turned up. It was further submitted that with regard to any other claim, the petitioner not having handed over full charge after superannuation, unless the same is done, eligibility of the petitioner cannot be worked out or finally settled. Learned counsel further submitted that he continued to occupy the official residence for many years even after superannuation.