MADHAV PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for getting retirement benefits like gratuity, leave encashment, arrears of pay, 25% of the pension, which has been withheld by the order at Annexure1 and such other dues, which the petitioner is entitled because the petitioner retired on 30th September, 2009.

(2.) LEARNED counsel for the petitioner submitted that the petitioner retired as a Deputy Commissioner (Commercial Taxes). After retirement, several retirement dues have been withheld. It is further submitted by learned counsel for the petitioner that vide order at Annexure1 dated 11th June, 2010, 25% of the pension has been ordered to be withheld, whereas, by the same order, amount of full gratuity and leave encashment has been ordered to be paid. Despite this order, neither amount of gratuity nor any amount of leave encashment has been paid. It is further submitted by learned counsel for the petitioner that chargesheet was issued to the petitioner on 22nd June, 2010. Inquiry Officer has given his report on 4th February, 2012, which is at Annexure7 to the supplementary affidavit filed by the petitioner. Looking to this Inquiry Report, it appears that the petitioner has been exonerated from the charges levelled against him and, therefore, let an appropriate writ be issued upon the respondents to make the payment of gratuity, leave encashment, pension and such other amount, for which, the petitioner is legally entitled, within stipulated time.

(3.) IN view of the aforesaid facts and reasons, I hereby quash and set aside the order dated 11th June, 2010, which is at Annexure1 to the memo of the petition to the extent to which 25% of pension of the petitioner has been ordered to be withheld. I hereby direct the respondentState to make the payment of amount of gratuity, leave encashment and to sanction full pension of the petitioner within a period of eight weeks from the date of receipt of a copy of the order of this Court. If the amount is not paid within aforesaid period of eight weeks, the same shall be paid with Simple Interest at the rate of 5% per annum from the date on which the aforesaid amounts were due, till the actual amount is paid.