SHANKAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THEPETITIONER who was in the services of the State, retired on 31st January, 2001 from the post of Clerk. He having not paid the retiral benefits like pension, gratuity, leave encashment etc. and salary for the period from 21st June, 2000 to 31st July, 2000, preferred a writ petition before this Hon'ble Court in WP (S). No. 4624 of 2001. A Bench of this Court vide order dated 21st September, 2001 directed the Civil Surgeon -cum -Chief Medical Officer, Palamau to dispose of the claim, as made by the petitioner in his representation.

(2.) AFTER the decision aforesaid, the Civil Surgeon -cum -Chief Medical Officer, Palamau disposed of the representation vide impugned Memo No. 1834 dated 18th December, 2001 by which while pay for the period 21st June, 2000 to 30th July, 2000 has been allowed, the prayer for regularization of the service for the period from 31st July, 2000 to 31st December, 2000 has been rejected, the gratuity and leave encashment amount have been withheld and direction given to recover certain amount from leave encashment and gratuity and to pay only 75% of pension as provisional pension w.e.f. 1st February, 2001 on humanitarian ground.

(3.) FURTHER , according to the respondents, in the original Service Book a paper has been pasted wherein it has been mentioned that the petitioner passed the Hindi Noting and Drafting Examination, as communicated, vide letter No. 1506 dated 31st October, 1966. But, from perusal of letter No. 1506 dated 31st October, 1966, it was found that the letter does not contain the name of the petitioner. The entry in this regard having made in the year 1977 and on that basis, the petitioner having granted increments, it is to be presumed that the petitioner misappropriated a sum of Rs. 3,34,747/ -, as withdrew towards increments, though he was not entitled.