JAGDISH CHAND Vs. STATE

JUDGEMENT

(1.) AFTER superannuation, the petitioner sought release of his post retiral benefits. Sanction was accorded to the post retiral benefits vide Payment Order No. PPO -Cell/99 -2000/19003 -04 dated 27.8.1999. The Gratuity was also sanctioned in his favour vide order No. PPO -Cell/99 -2000/19005 -07 dated 27.8.2009. While releasing the gratuity, the respondents withheld an amount of Rs. 40,000/ - and his pension was fixed on Rs. 3275/ - on the basis of last pay drawn. The petitioner at the time of retirement has drawn Rs. 4430/ - as last drawn pay. On enquiry, the petitioner came to know that respondents took the last pay drawn as Rs. 3275/ - instead of 4430/ - on the plea that vide order dated 24.4.1998, stepping up of the salary of the petitioner by the respondents with effect from 1.7.1996 was done without approval of the Administrative Department. On account of non approval by the Administrative Department, his pay for pensionary benefits was taken as last pay drawn i.e. Rs. 3275/ -.

(2.) THE respondents in their objections have stated that at the time of processing the pension case of the petitioner, it was found that the pay of the petitioner has not been regulated in accordance with law. The matter was referred to the Administrative Department for correction of the error, which is awaited. The case of petitioner was processed and finalized on the actual pay due to him at the time of retirement. This process was initiated immediately after his retirement.

(3.) I have heard learned counsel for the parties and perused the record.