DEVASHISH SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anand Mohan Verma, learned Counsel for the petitioner and Mr. Amrendra Narain Rai, learned Counsel appearing on behalf of the Corporation.

(2.) The petitioners are dependants of Late Vijay Kumar Sinha who died in harness while serving under the Bihar State Food and Civil Supplies Corporation on tie post of Deputy Manager and have filed this writ petition for payment of the admissible retiral dues of their late father.

(3.) A counter affidavit was filed on 6.4.2006 on behalf of the Corporation and in which it was stated that an mount of Rs. 1,85,153/- has been paid to the petitioners vide Cheque No. 205465 dated 28.2.2004 towards BOT amount and a further amount of Rs. 31,490/- has been paid by way of subsistence allowance admissible to the father of the petitioners for the period November, 2002 to 17.5.2003. It has been stated that an amount of Rs. 1,55,232/- being the gratuity amount, Rs. 76,888/- towards leave encashment, Rs. 55,310/- being the salary for the period March 1999 to April 2000 and due salary for the period January 1995 to October 1996 to the tune of Rs. 1,36,695/, total being Rs. 4,24,125/- was calculated as payable to the petitioners by way of death cum retiral benefits. It was however stated that by reason of some defalcation made by the father of the petitioners to the tune of Rs. 4,13,877.50 together with the interest amount of Rs. 4,91,603 was outstanding against the father of the petitioners, hence, this dues has been recovered by way of adjustment against the admissible amount of post retiral benefits of the father of the petitioners and thus, the petitioners are not entitled to any other amount.