RAMADHAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS matter relates to issuance of writ in the nature of Mandamus, commanding/directing the respondent authorities to pay the retired dies, i.e., pension, Gratuity, amount of General Provident fund and also amount of Rs. 15488/ - which has been deducted from the amount of unutilised leave salary with interest at the rate of 18% per annum alongwith cost of litigation and further for issuance of writ in the nature of certiorary quashing the office order no. 118 dated 31.7.2004 issued by the Executive Engineer, Public Health Engineering Division, Jehanabad, whereby the Executive Engineer, P.H.E.D. deducted the amount of Rs. 15488/ - from the amount of unutilised leave salary arising out from wrong fixation of pay and ordered to pay Rs. 65,480/ -instead of Rs. 80,968/ - with respect to the amount of unutilised salary with further direction upon the respondent to supply a detailed chart/calculation chart of the amount of G.P.F. in which monthly deduction, interest alongwith statutory interest till the date of payment has been mentioned.

(3.) THE A.G. Bihar has also informed the Executive Engineer, P.H.E.D. Jehanabad vide letter dated 14.5.2004 that when pay of the petitioner was fixed on 1.1.1996 on account of pay revision, the fixation of pay sums apparently wrong, hence service book of the petitioner be sent after correcting the fixation pay for issuance of authority letter for payment of pension gratuity.