SANCH LAL RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application is for a direction to the respondents to forthwith fix and finalize the pension, gratuity etc. of the petitioner, who was posted in the post of Junior Engineer, Dumri Section of Chainpur Sub Division under Gumla Works Division of Rural Engineering, Organisation, since the date after the petitioner had retired on 31.01.1997. A further prayer has been made for quashing the letter dated 04.08.2005 issued vide Memo No. 565 (Annexure -6) by the Executive Engineer (Respondent No. 4) whereby a sum of Rs. 5,43,424.53 has been directed to be deducted by way of adjustment against the retiral dues payable to him.

(2.) A counter affidavit has been filed on behalf of the respondent State.

(3.) FACTS of the petitioner's case in brief are that he retired on the post of Junior Engineer, Dumri Section of Chainpur Sub Division of the Rural Engineering Organization which was under the control of the respondent No. 4 namely the Executive Engineer, Rural Engineering Organization Works Division, Gumla. Prior to his retirement, no departmental proceeding on any charge whatsoever was initiated against him. At the time of his retirement, the petitioner was given 'no dues certificate' from all the concerned departments which he had submitted before the concerned authorities of the respondents for the purpose of enabling assessment of the retiral dues payable to him and also for assessing the amount of pension and gratuity. The provisional pension fixed, as part of the retiral benefits, was paid to him and the respondents used to pay the provisional pension every month to the petitioner commencing from the year 1997 till 2002. Thereafter, the respondents had abruptly suspended the payment of pension to the petitioner since June, 2002 and two years later, the payment of pension was resumed but again such payment was stopped since the month of October, 2004. In the meanwhile, his pay scale on the post of Assistant Engineer was also fixed on the basis of the annual increment.