DHANIK SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Saurav Arun, learned counsel for the petitioner, however, no body appeared on behalf of the respondents although this is a part heard matter.

(2.) THE petitioner has prayed for an order directing the respondents to release his increments from 1981; to pay him his salary which has been withheld from December, 1993 to February, 1994; to give him the revised scale of pay as per the Vth Pay Commissions Report; to give him time bound promotion; and to quash the notice dated 24.3.1993, by which the petitioner has been informed that he would be superannuating from service with effect from 28.2.1994.

(3.) THIS Court held in that case that retiral benefits of pension/gratuity is to be fixed in terms of the Bihar Pension Rules, 1950, It is so fixed taking into consideration the pay of certain months and the last pay drawn. Power to curtail or withhold pension/ gratuity is only stipulated under Rules 43 and 139 of the Pension Rules, 1950 but no power has been given to curtail or withhold pension/gratuity for any other reason.