DAYANAND SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner retired as Under secretary in the Department of Relief and rehabilitation Department, Government of bihar, with effect from 1st January, 1992. He was sanctioned 90 per-cent provisional pension, but 10 per-cent of his pension was withheld. Similarly, he has not been paid his gratuity dues. The ground on which 10 percent of the pension and gratuity have been withheld is that criminal prosecution was pending against the petitioner. According to the petitioner, though that was not the ground for witholding a part of the pension and gratuity, even the criminal case resulted in his acquittal on 23. 3. 1994. The petitioner thereafter represented to the Department on 6,4. 1994 for payment of his post retirement dues, but got no reply.

(3.) THE petitioner was compelled to file the instant writ petition on 9. 5. 1995 after serving a copy thereof on the Advocate general. When the matter came up on 31. 8. 1995, three week's time was granted to counsel for the State to seek instruction. I am informed by Government Pleader No. 9 that he has not been instructed in the matter. In the circumstances, I proceed to dispose of the writ petition on the basis of the material placed before me.