ABDUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) -In this writ application the prayer is for issuance of direction to the respondents to pay post-retirement dues of the petitioner, who superannuated on 31st January, 1994. According to the petitioner, he was paid nothing till the writ petition was filed on 4.1.96 except the amount of the Group Insurance. The petitioner was working as Junior Engineer under Respondent No. 4 at the time of his superannuation.

(2.) A counter-affidavit has been filed on behalf of the Executive Engineer, Road Division, Bhagalpur (respondent No. 4). In the counter affidavit it is stated that vide order contained in letter No. 147, dated 3.2.96 a provisional pension to the tune of 90 per cent, has been sanctioned. In para 7 it is stated that the petitioner has also been paid the General Provident Fund amount by the appropriate authority. However, no date has been mentioned about the payment of the said amount.

(3.) It is submitted by the learned Counsel for the petitioner that the Gratuity amount of the petitioner has not been paid at all, besides the remaining 10 per cent, of the pension amount and the full amount of the Leave Encashment. The learned S.C. 10 submitted that the aforesaid payments have not been made, as cash advance to the tune of Rs. 2,47,597.39 Paise approximately outstanding against the petitioner while he was serving as Junior Engineer under respondent No. 5 has not been accounted for by him. It is also submitted by him that the petitioner was also in possession of several materials like bitumen and other Road construction materials, which the petitioner was duty-bound to account for by way of making over charge at the time of his superannuation from service. It is alleged that the petitioner did not take over charge of the Government materials entrusted to him. In this regard the learned Standing Counsel also pointed out that the aforesaid subject matter was also under investigation and enquiry was conducted by the Vigilance Department of the Government and lot of documents including the Measurement Books/ and vouchers were seized since there were serious allegations of embezzlement in respect of, the construction works, which were being executed by the petitioner. It is also alleged that the Service Book of the petitioner was in his possession till 18.1.96, when in response to the request of the respondent No. 4 the same was made available by the petitioner in the office of the answering respondent.