SHATRUGHANA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts of the case clearly show that the Executive Engineer. Irrigation Division, Raghopur, Supaul has acted in a most callous manner and in utter defiance of the general direction of this Court given in the case of Mosst. Rukmini Devi v. The State of Bihar reported in 1996 (2) PLJR 348, pursuant to which the petitioner approached him for final payment of his pensionary benefits.

(2.) However, the matter came up to this Court earlier in M.J.C, No. 1844 of 1996 and it appears that this Court taking lenient view of the entire matter dropped the proceeding with a liberty to the petitioner to agitate the matter by filing writ petition or approaching the appropriate forum. Admittedly, till then the petitioner was not paid full amount of gratuity, interim relief of Rs. 400/ - and interim arrear of Rs. 208/ -. Despite this, the Executive Engineer did not bother to comply with the general direction of this Court by taking steps and/ or issuing necessary sanction order for payment of the aforementioned dues of the petitioner which forced him to file the present writ petition. The petitioner superannuated from service on 31 -7 -1994 and he has been kept deprived of the gratuity amount for now over five years for no justifiable reason.

(3.) On 2 -8 -1999, a show cause was filed on behalf of the Executive Engineer, in which an attempt has been made by him to mislead this Court by stating that the amount of gratuity was not paid, which amount was paid afterwards as it appears from letter No. 258 dated 3 -5 -1999 after revalidating the gratuity payment order No. 155, 1996 -97. In this regard/ he placed reliance on the letter dated 15 -3 -1999 (Annexure F) issued by the Treasury Officer, Muzaffarpur, addressed to the Deputy Secretary, water Resources Department.