JAGARNATHI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SHIVA Kirti Singh, J. - Heard the parties.

(2.) THE controversy between the parties in this application is limited to the question of payment of gratuity and leave encashment dues with regard to one Rajendra Prasad who was an Assistant in the Aurangabad Collectorate and admittedly died on 15.9.1991 while in service.

(3.) THROUGH a counter affidavit the respondents have claimed that they have withheld only the gratuity payable to the petitioners on account of pendency of a criminal proceeding which arose against the said Rajendra Prasad and 14 others on the basis of a F.I.R. filed on 3.2.1986. The respondents have claimed that other dues payable on death of Rajendra Prasad have already been paid but no specific reply has been given with regard to claim for dues on account of leave encashment. The respondents have relied upon a circular of the State Government as contained in annexure -A which provides that decision to pay death -cum -retiral gratuity to a Government Servant against whom a departmental or judicial proceeding is pending shall be taken only on conclusion of such proceeding meaning thereby in the light of the judgment and finding given in such proceeding.