Decided on February 10,2009

Government Of Bangladesh Appellant
Md. Zillur Rahman Respondents


M.M.RUHUL AMIN,J. - (1.) This petition for leave to appeal is directed against the judgment and order dated 26th September. 2007 passed by the Administrative Appellate Tribunal. Dhaka in Appeal No.223 of 2003 allowing the appeal in part with modifications.
(2.) Short facts as placed before the Administrative Appellate Tribunal, Dhaka are that the petitioner Md. Zillur Rahman joined in the Bangladesh Railway on 25.1.67. At the end of his tenure of service life he retired from the service on 5.1.2002 as usual while he was serving in the Syedpur Railway Factory as SSAE/Flec:/ PNT/Syedpur Bangladesh Railway, Syedpur. The last monthly pay at the time of his retirement was Tk. 8400/-. The petitioner enjoyed LPR from 5.1.2001 to 4.1.2002. He applied to the authority for pension and gratuity admissible under rules. But the authority refrained from granting him the pension as per Simplified Pension Rules of the Government. Hence, the petitioner filed the Administrative Tribunal Case No. 26 of 2002 in the Administrative Tribunal, Bogra. The tribunal allowed the petition partly and ordered for granting pension and payment of arrear gratuity after deduction of Tk. 73,791/42. Hence, was the case.
(3.) The case of the appellant-opposite party was that the petitioner retired from service on 5.1.2002 after the period of his LPR from 05.01.2001 to 04.01.2002. The Audit Department raised several audit objections which relate financial involvement against him. Moreover, his stock sheets are still incomplete. The authority cannot make payment to the petitioner unless the audit objections involving Tk.3, 20,509/83 in total and stock sheets issued involving Tk. 10,391/- are paid and disposed by the petitioner. The petitioner also failed to produce "No Demand Certificate" from the production Engineer, Syedpur.;

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