MANORAMA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) INITIALLY this writ application was filed by one Awadh Kishore Prasad on 24.10.2003 for payment of certain retirement benefits as also some other claim of his salary and emoluments etc. As a matter of fact this Court after hearing the parties had reserved the orders but subsequently when Awadh Kishore Prasad is said to have died on 25.5.2008 an interlocutory application being I.A. No. 3438/2008 was filed for substituting his wife, namely, Smt. Manorama Prasad as his legal representative for the purpose of claiming retirement benefit which is the subject matter of this writ application. Such I.A. No. 3438/2008 after hearing the parties was allowed by an order dated 30.6.2008.

(2.) LATE Awadh Kishore Prasad, hereinafter referred to as the writ petitioner, was an Officer of the Bihar Government and had retired on 31st May, 1988 while holding the post of Deputy Director of Panchayati Raj. There being some controversy with regard to his not complying an order of transfer during his service period, his last pay certificate (LPC) was not issued and as such his payment of retirement benefit could not be made in absence of the computation of amount of his last salary drawn which is the basis for calculation of retirement benefit.

(3.) PURSUANT to the aforementioned order dated 19.3.1990 though the respondents have claimed to have fixed the provisional pension of the writ petitioner at the rate of Rs. 1499/ - per month in the pay scale of Rs. 1900 -2500 and had also paid the amount of provisional gratuity to the tune of Rs. 49000/ - but the grievance of the petitioner remained still unfulfilled, inasmuch as the writ petitioner had been pressing for his fixation of payment of pension and gratuity in the revised pay scale of Rs. 4100 -5300.