RAM RATTAN RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) BY this petition under Article 226 of the constitution of India read with Section 103 of the State Constitution, the petitioner, who retired from the Government Service as Assistant Store -Keeper in the Establishment of Food and Supplies Department, Jammu with effect from June 30, 1984 prays for a writ of Mandamus commanding respondents 1 and 2 to pay the petitioner his pensionary emoluments including death -cum -retirement gratuity from the date he retired on completion of the age of superannuation and with a further direction to pay regularly his pension after fixing the pension on the basis of the entire pay dues of the period of suspension with effect from April, 1972 till the date of retirement.

(2.) IN the light of the counter affidavits filed by the respondents, it is not necessary for me to burden the order by detailing the entire story about the charge of Section 409 of the RPC against the petitioner on the basis of which he was suspended from service as on the prosecution filed by the respondent -State against the petitioner, he was discharged honourably and no further proceedings were taken by the respondents 1 and 2 to set aside the order of discharge passed by Sub -Judicial Magistrate 1st Class, Jammu on December 30, 1974.

(3.) LIKEWISE the departmental enquiry in situated against the petitioner under Rule 33 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956 was also dropped mid -stream and came to an end without taking any further steps to conclude the same and arrived at a logical conclusion by giving full opportunity to the petitioner of being heard and adducing evidence. Still the State of sorry affairs continued that respondents 1 and 2 wrote to respondent No. 3 to realise the amount calculated against the petitioner regarding the shortages of store equivalent to the amount of Rs. 80.853/ -on account of the price of 41,584 unsound gunny bags. Respondent No. 3 in his counter affidavit specifically stated that the fault lies with respondents 1 and 2, who despite letters issued from his office have failed to furnish the full particulars for the fixation of pension and on account of the communication of the with holding of the amount to the tune of Rs. 80.863/ -from the pension -cum -gratuity and other dues payable to the petitioner, which even if calculated will come to a lesser amount then the one required to be adjusted noted hereinabove. Respondents 1 and 2 in their counter affidavit filed by Mr. B.L. Bhagat, Director, Food and Supplies Department, Jammu still contesting the petition even after losing the legal battle in the writ petition as well as in the Letters -Patent Appeal filed in this Court, which was disposed of by dismissing the Letters Patent Appeal of the State by the Division Bench on December 3, 1984. With great impunity right from January 1985 without resort to further legal remedy to the Apex Court -by the Director, Food and Supplies say that the matter regarding treating the period of the suspension of the petitioner as on duty is under consideration of the answering respondents and appropriate orders as expected in due course of time. Strangely enough this counter is filed on April 27, 1988, where in about pension it is stated that the petitioner is entitled to get his statutory pension, which could not be paid to him when an offer was made to the petitioner by demanding surety Bond and declaration under Article 291 of the J&K Civil Services Regulations was denied by him.