DHANPAT PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction upon the respondents for payment of pensionary benefits as well as the arrears of pensionary benefits to him.

(2.) The petitioner retired from the post of clerk, Jamshedpur treasury with effect from 30.11.1999. Before the petitioner retired from service vide order dated 06.02.1996 he was put under suspension and a departmental proceeding was initiated against him. The petitioner was served with Charge Memo No. 32 dated 12.01.2000. The petitioner submitted his representation taking the plea that the departmental proceeding could not have been initiated against him after his retirement. It appears that the departmental proceeding did not continue or atleast there is nothing on record to indicate the outcome in the said departmental proceeding. However, the pension, gratuity, leave encashment etc. were not paid to the petitioner and therefore, he filed W.P.(S) No. 930 of 2002 and by order dated 09.08.2002 the respondents were directed to pay the provisional pension and gratuity to the petitioner. The petitioner was convicted in R.C. Case No. 23(A)/1996 on 23.04.2008 and he preferred Cr.A.(S.J.) No. 565 of 2008, which was admitted on 16.05.2008 and he was granted bail. It appears that thereafter the pension of the petitioner was stopped and therefore, he had to approach this Court by filing the present writ petition.

(3.) A counter affidavit has been filed by the respondents in which it has been stated that in view of letter no. 3652 dated 10.11.2009 of the Finance Department the pension of the petitioner was stopped because he was convicted in R.C. Case No. 23(A)/1996. It has further been stated in the counter affidavit that in view of Rule 43(b) of the Jharkhand Pension Rules, the payment of pension to the petitioner has been stopped.