LAKSHMAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks issuance of direction to the respondents to sanction and pay pension and gratuity to the petitioner who has retired from service on 29.2.2008. Prayer has also been made to direct the respondents to sanction and pay all retiral benefits including General Provident Fund, group insurance and unutilized earned leave encashment to the petitioner and also to pay interest on the amount of the retiral benefits which have been withheld by the respondents.

(2.) THE respondents have filed counter affidavit in which they have taken a plea in para 10 that full pension and other benefits could not be granted because of the fact that the Commercial Taxes Department, Govt. of Jharkhand has already initiated proceeding u/s 43(b) of the Jharkhand Pension Rules because the petitioner is found to be involved in the matter of revenue loss to the State amounting to Rs. 12 crores approximately and that as per Letter No. 194 dated 16.6.2008 of the Finance Department, Government of Jharkhand, when any departmental enquiry is pending against a Government servant, only 75% of the pension can be sanctioned as provisional pension.

(3.) LEARNED counsel for the petitioner contended that though the petitioner superannuated on 29.2.2008, his pension, gratuity or other post retiral benefits have not been paid to him and the respondents without rhyme or reason have withheld the payment of the dues payable to the petitioner.