KUNJ BIHARI THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the retired member of Bihar Finance Service and on 31.1.1998, i.e. his date of superannuation, he was holding the substantive post of Assistant Commissioner of Commercial Taxes.

(2.) This application has been filed by the petitioner for a direction to the respondents authorities to make payment of post retiral dues i.e. full pension, gratuity, leave encashment, remaining amount of group instance as well as the rent and allowances which were payable to him from 3.2.1996 to 31.1.1998 with statutory and penal interest. The petitioner has been paid full amount of G.P.F. but only 90% of provision pension was sanctioned to him and no gratuity or leave encashment has been paid to the petitioner.

(3.) The petitioner entered the Bihar Finance Service after being declared successful in the 19th Combined Competitive examination conducted by the Bihar Public Service Commission. While posted as Treasury Officer, Ranchi, he was suspended on 3.2.1996. A criminal case was lodged against him relating to the Animal Husbandry Department. Vide order bearing No. 274 dated 26.2.1998, issued under the signature of the Commissioner of Commercial Taxes-cum-Special Secretary, Finance in the name of Governor of the State, the petitioner was dismissed from service with immediate effect. He challenged his dismissal in CWJC No. 3693 of 1996 which was disposed of by order dated 26.8.1997 with an observation that the competent authority may take a fresh decision in accordance with the relevant rules. Since the suspension order passed against the petitioner vide memo No. 154-C dated 3.2.1996 was not vacated, the petitioner filed CWJC No. 9280 of 1998 which was dismissed by order dated 4.7.2000. Against this order petitioner filed LPA No. 1098 of 2000. LPA No. 1098 of 2000 was allowed and the suspension order was quashed and the respondents were directed to pay full salary for the period during which he was being treated under suspension i.e. from 1996 to 1998. During this period the petitioner retired on 31.1.1998 while under suspension: After the order of this Hon'ble Court, the petitioner was paid full amount of GPF but only 90% provision pension was sanctioned. However, the gratuity and leave encashment was not paid. Now the present application has been filed for a direction to make payment of all retiral dues which has not been paid to the petitioner.