JITENDRA KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner for directions on the respondents for grant of the following benefits to him :

(2.) THE petitioner was in the services of the State in the Animal Husbandry Department and having made an accused in a criminal case, "commonly known as Fodder Scam case", he was suspended on 30.1.2002. While in custody, he superannuated from service on 31.8.2002. After retirement, he has been paid Provisional Pension (90%). His grievance is that the respondents had not paid him the gratuity amount, leave encashment amount, Salary for certain period during which he had worked nor his for grant of the benefit to Assured Career Progression had been considered by the respondents.

(3.) COUNSEL for the Accountant General has also relied on a Circular contained in letter No. 3/R -1 - 108/39 Ka -20233 dated 8th November, 1978, wherein the aforesaid decision was reiterated and it was ordered not to pay the amount of gratuity, till the final decision in the criminal proceeding, treating the same to be a proceeding under Rule 43(b) of the Bihar Pension Rules.