ISHWAR PRASAD TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as State and Accountant General. The petitioner is said to have retired on 30.4.2002 while working as a Panchayat Sewak from Kandi Block under Garhwa district. The grievance of the petitioner is that his final pension has not been fixed as also the other post retirement benefits such as gratuity, leave encashment, GPF and benefit of financial upgradation has not been given to him.

(2.) The petitioner claims to have been appointed as such by an order dated 23.3.1961 and joined on 29.3.1961 on the same post of Panchayat Sewak. It is contended on behalf of the petitioner that during his service career he was placed under suspension for the period 1.9.1976 to 26.4.1989 and he was reinstated in 1989. Further he was placed under suspension for the period from 8.5.1992 till 27.6.1996. Thereafter, his suspension was revoked and was again reinstated in service. It is submitted that the petitioner had been paid subsistence allowance only for the aforesaid period of suspension earlier. After ten years of the retirement of the petitioner, however, the respondents have taken a decision to grant his salary for both the period of his suspension by orders as contained in memo. No. 331 dated 1.8.2012 and memo. No. 255 dated 2.8.2012 issued by the Deputy Commissioner, Palamau as contained in Annexures A and B to the counter affidavit filed on behalf of the respondent No. 7, Deputy Commissioner, Garhwa.

(3.) Learned counsel for the petitioner submits that though a direction has been issued in the said order itself to ensure payment of difference of salary for the period of suspension but the same have not yet been carried out by the competent authority. In such circumstances, learned counsel for the petitioner submits that the petitioner's final pension and other post retirement dues are also to be calculated and paid to him, which is due till date.