YOGESH CHANDRA VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in this case retired on 31.8.2002. He prays for issuance of a writ of mandamus commanding upon the respondents to fix and pay his pension together with the arrears and interest. He also prays for a direction upon the respondents directing them to release Gratuity with interest; leave encashment amount for 240 days with interest and due salary from 06.07.2000 (date of suspension) till 31.08.2002 (date of superannuation).

(2.) THE learned counsel for the petitioner at the outset submitted that the petitioner is getting 90% of pension (excluding the period 6.7.2000 to 31.8.2002), which makes a difference of about Rs. 400/ -. He further states that the petitioner has got provident fund and the subsistence allowance, but the period between 6.7.2000 to 31.8.2002 has not been regularized thereby preventing the accounting of this period towards pension. He is also not getting salary for the period 6.7.2000 to 31.8.2002.

(3.) THE petitioner continued to be under suspension till the date of his retirement and during this period he was paid subsistence allowance. The counter -affidavit filed on behalf of the respondent No. 4 (Accountant General) goes to show that they have issued authority slip for 90% provisional pension, as the Department, vide their letter dated 12.2.2003 had sanctioned the said provisional pension. They have also stated that no Government Order for payment of full pay and allowances for the period of suspension has been received and that leave salary for unutilized earned leave for 240 days could not be authorized for want of sanetion order.