LAWS(JHAR)-2012-4-49

BASUDEO MISHRA Vs. STATE OF JHARKHAND

Decided On April 11, 2012
Basudeo Mishra Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD , learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been preferred by the petitioner for following reliefs -

(2.) IT is the case of the petitioner that he retired from service on 31.01.2004 from the post of Clerk (Junior Selection Grade) under the Assistant Director(Employment), Sub. Regional Employment Exchange, Bokaro. It is submitted by learned counsel for the petitioner that last pay drawn by the petitioner was Rs. 7250/ -, but the payment of Gratuity and Leave Encashment was made to the petitioner on the basis of Rs. 6200/ -as last pay drawn and also provisional pension to the extent of 90% has been paid to the petitioner with effect from 01.02.2004 on the basis of Rs. 6200/ -. Thus, the petitioner is entitled to receive the arrears of gratuity, leave encashment and pension etc. as claimed in para -1 to the writ petition on the basis of correct last pay drawn at the time of his retirement.

(3.) IN the aforesaid facts and circumstances of the case, learned counsel for the petitioner submits that his grievance relating to the last pay drawn at the time of retirement of Rs. 7250/ -has not been correctly taken into account while fixing the post retirement benefit and consequential revision arising thereof, as such, he seeks liberty to file representation before the competent authority in respect of correct fixation of last pay drawn by the petitioner and also certain arrears of salary claimed for the period 15.01.82 to 14.11.2000.