RABI BHUSHAN OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner in the capacity of Assistant Engineer superannuated with effect from 31.10.1985 from Road Division, Dehri -on -sone under Road Construction Department. After his retirement he submitted his pension papers while the final fixation to his pension and gratuity and sanction of all retiral benefits were pending. By order dated 25.7.1986 90 per cent pension and an amount of Rs. 35,000/ - by way of provisional gratuity was sanctioned by the respondent -Executive Engineer and communication to that effect was sent to the Accountant General vide Annexure -3. It appears that the sanction of provisional pension to the extent of 90 per cent and amount of provisional gratuity were not approved by the department. Therefore, vide letter dated 11.11.1986 under the signature of the Joint Secretary of the Road Construction Department, the payment of provisional pension of the petitioner was stopped and the amount of gratuity sanctioned by Annexure -3 was ordered to be recovered. The said order was communicated to the respondent -Executive Engineer. In reply, the Executive Engineer, vide Annexure -4 dated 4.12.1986, informed the Joint Secretary that 90 per cent pension and provisional gratuity had been sanctioned to the petitioner in accordance with the instruction of the Finance Department. However, complying with the directions of the department he directed the petitioner to refund a sum of Rs. 36,872/ - in one lump sum received earlier pursuant to Annexure - 3. After receipt of Annexure -4 petitioner started making applications to various authorities, which are Annexures -5, 6 and 8. Finally an order was issued from the department vide memo no. 4235(s) dated 19.8.1991 sanctioning 90 per cent provisional pension vide Annexure -10, but in this order it was directed that an amount of Rs. 35,000/ - received by the petitioner earlier as provisional gratuity and an amount of Rs. 9,360/ - received by him towards his provisional pension be recovered by an equal monthly installment of Rs. 500/ - from the month of November, 1985 itself, Pursuant to the said sanction order by the department the Accountant General vide Annexure -11 dated 10.12.1991 issued authority slip for start of pension to the petitioner with note for recovery of the said amount as ordered by the department.

(3.) IT appears that final sanction of pension and gratuity of the petitioner remained pending due to non -verification of service book of the petitioner by various authorities. As the matter was getting delayed the petitioner filed representation before the various authorities of the department as contained in Annexures -15,16,17, 18, 19, 21, 22 and 24 for fixation of his final pension and gratuity as well as for payment of his other retirement dues under other heads. From the representations of the petitioner it appears that he had been pursuing for final fixation of pension and gratuity and payment of other retiral dues since the very beginning up to 2002 on regular basis. However having lost hope due to inaction by the respondents on his representations, petitioner filed this writ application on 6.8.2003 after serving two copies of the writ applications on the learned counsel for the respondents. In the writ application petitioner also pleaded that no proceeding either under Rule 43(b) or in any Court of law was pending against him. On receipt of the information of the writ application the respondents appeared and filed counter affidavit in the case.