Jharkhand Court November 2004 Judgments

Pankaj Mohan BhuIn Vs. State of Jharkhand and ors.

Court: Jharkhand

Reported in: [2005(104)FLR1109]; [2005(1)JCR263(Jhr)]

ORDERTapen Sen, J.1. In this application the petitioner prays for quashing the order dated 26.06.2003 as contained in Annexure 6 by which the petitioner's full gratuity amount, salary for the period 14.02.1996 to 31.10.1998 and; arrears of leave encashmen on account of revision of pay has been withheld. According to the petitioner, in the absence of any proceedings under Rule 43(b) of the Bihar Pension Rules, the respondents have no authority to withhold the aforementioned post retiral dues and that too, when the respondents have already released full pension including Dearness Allowance in the revised scale. According to the petitioner, since full pension has been sanctioned by the competent authority, he is therefore entitled to the full amount of gratuity.2. Heard the parties and this application is being disposed off at this stage.3. The petitioner, while posted as an Accountant in the Department of Animal Husbandry, Dumka, retired on 31.10.1988. Prior to his retirement i.e. 14.02....