LAWS(PAT)-2004-8-120

SHIV NATH SINGH Vs. STATE OF BIHAR

Decided On August 20, 2004
SHIV NATH SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE petitioner is a retired Government employee. He retired from service as Cholera Supervisor on 30.9.2001. At the time of retirement his pay was Rs. 6805/ -. After retirement he was initially allowed provisional pension. His retiral dues were finally settled in 2003 and payments under different heads of retiral dues were made to him. From the pension intimation memo and the D.C.R. Gratuity Payment Order issued in his favour on 4.8.2003 from the office of the. Accountant General it appears that his pension was fixed on the pay of Rs. 6200/ -instead of Rs. 6805/ -, the pay last drawn by him. Further, from the D.C.R. Gratuity Payment Order it appears that from Rs. 1,48,335.00 sanctioned as gratuity payable to him, a sum of Rs. 1,22,600/ - was deducted and the balance amounting to only Rs. 25,735/ - was paid to him.

(2.) THE petitioner has come to this Court challenging the action of the concerned authorities in fixing his retiral dues, including pension on a lower pay than the last pay drawn by him and deducting from his gratuity a sum of Rs. 1,22,600/ -.

(3.) THE relevant facts of the case are brief and simple. The petitioner was appointed as Praganak (Enumerator) in small pox eradication programme on 13.8.1962. On 15.3.1978 he was promoted to the post of Cholera Supervisor. The promotion was given to him as reward for his good work.