LAWS(PAT)-2004-9-16

UMA SHARAN SINGH Vs. STATE OF BIHAR

Decided On September 23, 2004
UMA SHARAN SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This application has been filled by the petitioner for a direction to the respondent to make payment of all retiral dues like pension, gratuity, leave encashment, group insurance and GPF amount with statutory as well as penal interest and also for commutation of 40% pension without appearing before the medical board.

(2.) The petitioner superannuated from service as Assistant Engineer on 31.1.1998 from Building Division, Deoghar, under the Building Construction Department, Bihar. While in service he was granted first time bound promotion with effect from 1.4.1981, second time bound promotion with effect from 25.5.1989, senior selection grade with effect from 1.3.1989, super time scale of Junior Engineer with effect from 26.3.1994 and super time scale with effect from 1.4.1990. He was promoted as Assistant Engineer in Bihar Engineering Service Class-II with effect from 18.7.1995 but subsequently on the direction of the High Court in a writ application his date of promotion was shifted back from 18.7.1995 to 1.4.1992. The petitioner after his superannuation submitted his application for payment of pension and gratuity as well as for withdrawal of his GPF and other retiral dues. At the time of his retirement no proceeding or judicial proceeding was pending against him. Even then he has not been paid any of his retiral dues.

(3.) A counter-affidavit has been filed by respondent No. 11, Dy. Secretary, Finance (Personal Claim Cell) Department, Bihar, Patna wherein it has been stated that the petitioner was given promotion to the post of Assistant Engineer with effect from 1.4.1992 and thereafter, the service of the petitioner was placed with the Building construction Department by the Road Construction Department vide their notification No. 7781 dated 30.12.1995. The petitioner retired from his service while he was posted at Deoghar. During his service period neither the petitioner nor the Road Construction Department requested the persona! claims fixation cell of the Finance Department for fixation of his salary in the promotional scale. He never sent his service book and last pay certificate in order to fix his pay with effect from 1.4.1992 i.e. the date of promotion to the post of Assistant Engineer. The petitioner continued to draw his salary in the pay scale of Junior Engineer even after his promotion in the post of Assistant Engineer. For the first time on 4.5.2001 a letter was issued to the Executive Engineer, N.H. Motihari Division, to send the service book and last pay certificate of the petitioner. The Secretary, Road Construction Department, was also requested to send (1) up-to-date service book of the petitioner with all the entries including leave encashment (2) posting of the petitioner at different places (3) charge report (4) other informations. When the informations were sent it was found that the petitioner when promoted from the post of Junior Engineer to Assistant Engineer, he proceeded to join the new assignment at Deoghar without handing over charge and material work of several lacs, given to the petitioner for completion of work. The amount was recoverable from the petitioner and for which he was requested earlier vide letter No. 202 dated 14.6.1996 but he did not give any response to this request. The petitioner was directed by the Executive Engineer, N.H. Division Motihari, to hand over charge but he did not hand over charge. On receiving such information the Executive Engineer, N.H. Division, Motihari, was instructed to furnish detailed report for initiating a proceeding under Rule 43-B of the Bihar Pension against the petitioner. Even after discovering all these materials the petitioner has been sanctioned provisional pension and gratuity to the extent of 90% on 27.9.2001.