UDAY NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner who retired as Assistant Director, Agriculture, Plant Protection while posted in the Office of the Joint Director, Plant Protection on 31.8.2002, is aggrieved on account of non -release of his retiral dues, except the amount of group insurance, which, according to the learned counsel for the petitioner, has been received by the petitioner.

(2.) A counter affidavit has been filed on behalf of respondent no.1, from perusal whereof it appears that 90% of provisional pension has only been sanctioned in view of the report by the Vigilance alleging that some irregularities have been committed by the petitioner during his service period. Nothing has been stated about the gratuity. However, there is nothing specific about the alleged irregularity nor it is claimed that any departmental proceeding has been initiated or criminal case has been instituted. Under such circumstances, in my opinion, withholding of payment of pensionary dues is not permissible in law.

(3.) AN affidavit has been filed on behalf of the Director, Provident. Fund (respondent no.5) in which it is stated that the final withdrawal application has not been received in his office. It is further stated that the answering respondent has issued letter to the concerned authority, and as soon as the same is received, the petitioner will be paid the G.P.F. amount without any delay. In support of It, he has annexed photo copy of the correspondence sent from the Office of the Director, Provident Fund to the Direct , Agriculture on 19.2.2003 whereas the aforementioned statement regarding forwarding the papers to the Assistant Director is based on Annexure B, which has been issued on 17.2.2003. This shows gross callousness on the part of the Government.