KUBER PANDEY Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Show cause reply has been filed on behalf of the respondents/opposite parties stating therein that the order dated 14.08.2006 passed by this Court in W.P.(S) No. 2189 of 2004 has been complied with and as per the observations recorded in the order, the entire retiral benefits permissible under the Rules and payable to the petitioner have since been paid.

(2.) Referring to Annexure-C to the show cause reply, learned counsel for the respondents explains that after considering the fact that in between June, 1993 and July 2004, the petitioner had remained absent from duty without prior information at regular intervals for intermittent period and therefore, he was not entitled to claim and receive any salary for the period of his absence and after taking into account the total period he had attended his duty, calculation of amount of his salary was made and the same has been paid to him. Learned counsel explains further that the provisional pension is in the process of being assessed and paid to the petitioner. The provisional gratuity to the extent of Rs. 25,956.00has been paid to the petitioner. Group Insurance assessed at Rs. 15,535/- has been paid and likewise the Provident Fund amount of Rs. 2,02,117.00 has also been paid to him. As regards leave encashment, since the petitioner has not left any leave in his account for encashment, therefore, he is not entitled to claim and receive any such amount.

(3.) Learned counsel for the petitioner submits that though certain amounts have been paid to the petitioner but the assessment has not been properly made and payment of lesser amount than what is actually due to the petitioner, has been made.