BACHASPATI MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ashim Kumar Sahani, learned counsel for the petitioner and Mr. Mukesh Kumar Sinha, learned counsel for the respondents-State through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the order as contained in Memo No. 1269 dtd. 24/12/2011 passed by respondent No.4, whereby leave salary, gratuity and final pension of the petitioner has been withheld.

(3.) Learned counsel for the petitioner submits that the petitioner superannuated from the post of Accountant from the office of the respondent No.4 on 31/1/2007. However, he had not received 10% of pension, full gratuity and leave salary as retiral dues besides the amount of subsistence allowance for the period from 20/1/1996 to 21/8/1996. The petitioner has been paid only the provident fund amount. Even the pension which has been fixed has not taken into consideration the last pay drawn by the petitioner and no final pension has yet been fixed.