MAHESHWAR LAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS prayed, learned counsel for the petitioner is permitted to make Treasury Officer, Darbhanga as party Respondent no. 6.

(2.) IN this writ petition prayer on behalf of the petitioner is to issue appropriate writ, order or direction commanding the Respondents to pay his entire post -retiral benefit including pension, gratuity, commuted value of pension and arrears over and above the payments already made by way of provisional pension together with an interest thereon at the rate of 18% per annum from the date of superannuation on 31.7.1999.

(3.) A counter affidavit has been filed purporting to be on behalf of 'Respondent nos. ' and another counter affidavit has been filed on behalf of Director Incharge, Mithila P.G. Study and Research Institute, Darbhanga (Respondent no. 5). In the said counter affidavit, it is claimed that there are certain outstanding dues, not cleared by the petitioner and it is also stated that penal rent was payable by the petitioner on account of delay in vacating the official quarters. Certain allegations are also made against the then Incharge Director Dr. Shreedhar Tripathy, who worked in the Institute from January, 1986 to December, 1999. According to the Respondents he never conducted physical verification of the Books of the publication division, although the rule provides for yearly verification with information to the department regarding damaged books and to get necessary instructions. From the statements made therein, it appears that there was damage caused to the books to the tune of Rs. 1,72,767.25 due to ill maintenance of books. However, Dr. Tripathy was of the opinion that the petitioner alone cannot be held responsible for the same and passed order for forwarding of pension papers to the A.G., Bihar. In the above circumstances, it is pleaded that the deponent, who is presently working as Director Incharge of the Institute did not find it fit and proper to issue no dues certificate in favour of the petitioner and send the same to the Treasury Officer without clear direction or order from the Government. It is alleged that the whole matter has been reported to the Department and necessary instruction/order is awaited.