CHARAN DASS Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition is of year 2005. It is averred in the petition that the petitioner was retired as Senior Assistant from State Cooperative Department in April, 2002. Although pension was authorized by the Accountant General vide pension payment order No.115928 dated 20th August, 2002, but the payment of pension was made subject to furnishing 'No Demand Certificate' from the Administrative Department. Further it is averred that the pension was not released in his favour despite the mandate of Article 168-C of Civil Service Regulations. It is stated that aggrieved by the same, the petitioner approached this Court by filing a writ petition bearing SWP No.41/2003, which came to be allowed on 01.06.2005 with a direction to the respondents to release the pension of petitioner on the Pension Payment Order authorizing the payment in treating the condition regarding the production of departmental 'No Demand Certificate' as nonest. It was further directed that in case pension is not released in his favour within the period prescribed, the petitioner shall be entitled to interest @ 12% per annum to be shelled out from the pocket of the officer on whose account remissness occurs.

(2.) It is further stated by the petitioner that in view of the order passed in the aforesaid writ petition although the monthly pension was released in his favour along with gratuity amounting to Rs.1,15,550/-, however, an amount of Rs.4797/- has been deducted from the gratuity amount without indicating any reason. Hence the present petition.

(3.) Objections have not been filed on behalf of respondent, however, status report on behalf of Accountant General respondent No.3 herein has been filed, wherein it has been stated that the matter with regard to payment of Rs.4797/- has already been taken up with Deputy Registrar, Cooperative Societies Consumers, Udhampur with a request to prepare a refund bill of said amount for its payment to the petitioner.