VINDESHWARI MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) AMONG the cases of retirai dues, coming to this court in large numbers, this case appears to be one of the most unfortunate ones.

(2.) THE petitioner retired from service on 31.5.1981. When he failed to get his retiral dues even after four years of his retirement he came to this court in C.W.J.C. No. 5051 of 1989 which was allowed by a long and reasoned judgment, dated 27.6.1991 passed by a Bench of this court comprising the then Chief Justice and myself. In that judgment it was observed that the petitioner was made to suffer unnecessarily for ten years and strong directions were given for payment of all retiral dues to him with interest @ 15% per annum from the date of retirement till the date of payment of the dues; apart from interest the petitioner was also awarded Rs. 2500/ - as exemplary cost. All the payments were directed to be made within a period of two months from the date of the judgment.

(3.) LATER , the State Government allowed provisional pension to the petitioner vide office order under letter no. 1460, dated 28.5.1996; subsequently the final pension was also sanctioned to him by letter no. 7912. dated 16.12.1998 on the basis of which the Accountant General issued the authority slip/payment order for payment of pension and gratuity. Later on, the authorities in the government department seem to have taken the view that the petitioner had obtained the orders sanctioning pension unauthorisedly, fraudulently and in collusion with some of the departmental staff. His pension was, therefore, stopped by letter, dated 22.1.2001 issued by the Executive Engineer, Patna Building Division, Patna and finally, by Order, dated 17.9.2002 his pension was cancelled and the earlier orders sanctioning provisional and final pension were recalled. Thus, after 20 years of his retirement and after going through two earlier rounds of litigation the petitioner, now approaching the age of 80 years is once again before this court with the grievance that the payment of his retiral dues still remains unsettled.