SHIVJEE MAHTO SON OF LATE MAHAVIR MAHTO RESIDENT OF RAM NAGAR DHALA, (NAYA TOLA), P.S. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Originally, the writ petition was filed by the petitioner for payment of retiral dues, including pension and gratuity. During the pendency of the writ petition, an interlocutory application vide I. A. No. 274 of 2015 was filed by the petitioner whereby an additional prayer for quashing the order dated 28.08.2014 issued by the Accountant General, Bihar, Patna has been made by which an amount of Rs.3,00,000.00 from the total amount of DCRG of Rs.4,53,750.00 has been withheld.

(2.) The contention of the petitioner is that he was appointed on the post of peon in Bisheswar Seminary School, Chapra on 109.1978 and after completing the satisfactory service, he retired on attaining the age of superannuation on 31.01.2014. After superannuation, when he applied for his retiral dues, he was communicated by the Principal vide order dated 28.08.2014 that due to error in service record, his retiral dues are not being paid. He made several communications in order to know about the errors in his service record, but he was not intimated about those errors. When he demanded copy of service book under Right to Information Act, a copy of service book was provided to him and he came to know that the following entries were made in the service book on 19.05.2014 :-

(3.) It is submitted by the learned counsel for the petitioner that the salary of the petitioner from 12.06.2012 to 02.08.2012 has wrongly been withheld and he is entitled to receive payment of salary for the aforesaid period. He submitted that the petitioner had applied for medical leave for the period 12.06.2012 to 02.08.2012 on the ground of illness and, after recovery, he joined the school on 008.2012.