A.S. RINGNAM Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-12-4
HIGH COURT OF MANIPUR
Decided on December 19,2019

A.S. Ringnam Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

M.V.MURALIDARAN,J. - (1.) The petitioner has filed this writ petition seeking direction on the third respondent to pay pension at Rs.5,390/- which is 50% of his last pay/emoluments in pursuance with Rule 49(2) of the Manipur Civil Service Pension Rule, 1977 with a further direction on the third respondent to pay the petitioner of his retirement gratuity at Rs.2,76,770/- in pursuance with Rule 50(1)(a) of the Manipur Civil Service Pension Rule, 1977 by refunding the deducted amount of Rs.22,589/- to the petitioner.
(2.) The case of the petitioner is that he was initially appointed as a Lambu of the Office of the Deputy Commissioner, Manipur East District on 3.6.1980 on regular basis and after rendering more than 30 years of regular service, superannuated on 31.10.2012. After retirement, the Sub Divisional Officer, who is the drawing officer of the petitioner, prepared the last pay certificate and as per the last pay certificate, his pay was fixed at Rs.8,980/- with grade pay of Rs.1,800/-. Thereafter, the Sub Divisional Officer, submitted pension papers of the petitioner to the Joint Secretary (Pension Cell), Government of Manipur for perusal and onward submission to the office of the third respondent on 4.2.2013.
(3.) Further case of the petitioner is that on 2.7.2013, the Under Secretary (Pension Cell) forwarded the pension papers to the office of the third respondent. On 25.9.2013, the Senior Accounts Officer (Pension Cell) of the third respondent issued the gratuity payment order in favour of the petitioner to the District Treasury Officer, wherein the petitioner was given only an amount of Rs.2,45,975/- as his retirement gratuity and by the said gratuity payment order, an amount of Rs.22,589/- was deducted from his retirement gratuity of Rs.2,68,564/-. On 4.10.2013, the third respondent issued pension payment order in favour of the petitioner for an amount of Rs.5,330/- as his monthly pension to the office of the District Treasury, Ukhrul, Manipur. It is averred that the Sub Divisional Officer, Chingai, prepared the pension, retirement gratuity etc. in respect of the petitioner wherein his monthly pension was prepared at the rate of Rs.5,390/- and his retirement gratuity was fixed at the rate of Rs.2,76,770/-.;


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