STATE OF JHARKHAND Vs. UMESH CHANDRA SINGH

JUDGEMENT

(1.) This Letters Patent Appeal is preferred against order dated 07.04.2005 passed in a writ petition W.P.(S) No. 3849 of 2003 whereby the learned Single Judge held that the respondent is entitled to get 90% gratuity (Provisional Gratuity), leave encashment and other retiral dues.

(2.) Two criminal cases were registered against the respondent namely RC47(A)/96(Pat) and RC48(A)/96(Pat) and the respondent was made accused in terms of Government approval order No. 2766/J dated 18.08.2001 and No. 2844/J dated 22.08.2001. The respondent was suspended on 30.01.2002 and he was superannuated on 30.04.2002 and the respondent was paid Group Insurance and Provident Fund and 90% of the pension as retiral benefits. The respondent filed writ petition being W.P.(S) No.3849 of 2003 challenging the order of the appellant withholding the pension and other retiral benefits. Learned Single Judge held that the appellant State of Jharkhand can withhold only 10% of the pension as well as gratuity and directed the appellant to pay 90% of the gratuity, leave encashment and other retiral dues with admissible interest to the respondent.

(3.) Being aggrieved by the order passed in W.P.(S) No. 3849 of 2003, the appellant has preferred this Letters Patent Appeal.