SNEHLATA PRASAD Vs. CHAIRMAN B S E B

JUDGEMENT

(1.) THE petitioner has filed this writ application praying for a direction to the respondents to pay amount of leave encashment, G.P.F. Gratuity, fixation of pension, arrears of pension and arrears of salary with interest as well as for quashing the order contained in Annexure -1 whereby the Superintending Engineer, Bhagalpur Circle has directed to deduct the amount from the death -cum -retiral benefits of late husband of the petitioner. This deduction has been ordered after revising the pay scale, yearly increment given to the late husband of the petitioner and fixing the pay of late husband of the petitioner in the lower scale.

(2.) THE husband of the petitioner namely Awadh Kishore Prasad was appointed as a Typist in Bihar State Electricity Board on 18.1.1965. His service was confirmed as employee of the Bihar State Electricity Board on 31.12.1972 as Typist. He died on 17.9.2002 in harness as an Office Superintendent, Electric Circle, Mayaganj, Bhagalpur. After the death of her husband, the petitioner intimated to the office regarding his death. She also submitted her claim papers before the Personal Officer, Bhagalpur Electricity Supply Area, Bhagalpur which was forwarded to the Bihar State Electricity Board aiongwith service book and other relevant papers.

(3.) A counter affidavit has been filed by the Board wherein it has been stated that when the claim papers alongwith service book of the late husband of the petitioner was received by the audit department, in course of checking some discrepancies in pay fixation were detected. The amount of three advance increment was given to the late husband of the petitioner after promotion as Headclerk from 7.4.1978 and 12% pay fixation benefit from 12.4.1980 was allowed in wrong manner. This required necessary correction and calculation of the recoverable excess amount drawn by the husband of the petitioner. Considering this discrepancies the gratuity claim of the petitioner was kept in abeyance till the finalisation of the said discrepancies. In the meantime pension was sanctioned to the petitioner, vide Pension order no. 498 dated 8.3.2003. The audit report found Rs. 99,563.30 recoverable and it has been recovered from gratuity amount. The petitioner has not vacated the government quarter though her husband died on 17.9.2003 as such the suitable penal rent amounting to Rs. 11,838/ - has also been recovered from the gratuity amount. After deduction of these amounts the gratuity has been paid to the petitioner vide G.P.O. No. 2204 dated 12.4.2004 which is just and proper as per rule.