SAMBHU NATH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ashok Kumar Singh, learned Counsel for the Petitioner, Sri Tej Bahadur Singh, learned A.A.G. No. 7, appearing on behalf of Respondent Nos. 1 to 4 and Sri Binod Kumar Labh, learned Counsel appearing on behalf of Respondent No. 5/Accountant General.

(2.) The Petitioner while invoking extraordinary writ jurisdiction of this Court has prayed for directing the Respondents for payment of full pension and gratuity treating his service with effect from 12.1.1960 to 31.1.1998 and has also made a prayer for directing the Respondents to refund Rs. 30,849.58/- which was deducted from his D.C.R. gratuity. Prayer has also been made to re-calculate G.P.F. amount.

(3.) The Petitioner was a Class-IV employee and he was to retire with effect from 31.1.1998. However, even after the date of retirement, the Petitioner continued to discharge his duties for further six months. After noticing that the Petitioner had drawn salary even after the date of his retirement, a decision was taken by the Respondent/State to recover the said amount from his retiral dues, and accordingly, deduction of Rs. 30,849.58/- was made from his D.C.R. gratuity.