INDRADEO CHATURVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. M. N. Parbat, learned Senior Counsel for the petitioner and Mr. Arvind Kumar, learned Assistant Counsel to Government Pleader No. 23, for the State.

(2.) The petitioner has filed the present writ application for payment of pension and gratuity upon his retirement from the post of Incharge Headmaster, Higher Secondary School, Jamunaha Bazar, Gopalganj, on 30/6/2016.

(3.) Mr. M. N. Parbat, learned Senior Counsel for the petitioner, submits that the petitioner was appointed on 26/10/1978, on the post of Assistant Teacher and retired on 30/6/2016, from the post of Incharge Headmaster. Referring to Annexure-1, learned Counsel submits that at the time of retirement, on 30/6/2016, the petitioner handed over charge to the senior most teacher of the school, namely, Sri Pramod Kumar Pandey, as per the direction of the authorities. Annexure-4 is the service book of the petitioner and relying upon the same, learned Counsel submits that in the service book, the then Incharge Headmaster of the school has given 'No Dues Certificate' and 'No Objection Certificate' in favour of the petitioner on 26/4/2018, after proper verification and on the basis of the said certificates, the Accountant General has also issued Pension Payment Order (PPO), dtd. 15/3/2019 (Annexure-5). Learned Counsel further submits that the respondent authorities, on the lame excuse that the petitioner has not handed over the entire charge at the time of his retirement, has withheld the pension and gratuity of the petitioner. He, relying upon Annexures 1 and 4, submits that at the time of handing over charge by the petitioner and in the service book also, it is not mentioned that the petitioner has not handed over the complete charge and it is also not clarified in the communication made by the respondent authorities that what more item is required to be handed over by the petitioner. Accordingly, learned Counsel submits that non-payment of pension and gratuity to the petitioner, despite PPO having been issued, is completely arbitrary and mala fide.