- (1.) Heard counsel for the parties.
(2.) From the rival submissions of the learned counsel for the parties, it appears that during the petitioner's tenure in service as go-down Incharge under the respondent Bihar State Food & Civil Supplies Corporation Ltd, certain go-down shortage was detected. As per the contention of the learned counsel for the petitioner, though godown shortage to the extent of 5%, was permissible on account of natural phenomena, as acknowledged by the respondent Corporation in general, but in the case of the petitioner, this acknowledgment was withdrawn and the amount of go-down shortage was assessed and sought to be recovered from the petitioner. The total amount of go-down shortage was thereafter, recovered from the salary of the petitioner during the tenure of his service. Rather, a sum of Rs. 1,731.35 paise was also recovered from the petitioner's salary. Thereafter, the petitioner had retired on 31.01.2005 and he had demanded payment of his retiral dues, but when it was not forthcoming promptly, the petitioner felt constrained to file a writ application before this court. While disposing of the writ application, this court had directed the respondents to pay the retiral dues to the petitioner within the period stipulated in the order. Instead of complying with the directions, the respondents have not only withheld the petitioner's Gratuity to the extent of Rs. 2,21,992/-, but have also withheld his unutilized Earned Leave to the extent of Rs. 1,05,120/- and on the contrary, have raised a demand against the petitioner for payment of interest on the amount of go-down shortage at the rate of 18% per annum till 2003-04 and further interest at Bank lending rate till 2005-05.
(3.) The petitioner has challenged the impugned order dated 27.6.2005 (Annexure-2) passed by the Respondent No. 2 whereby, the aforesaid demand for payment of interest has been made. The petitioner has also prayed for a direction upon the respondents to forthwith release and pay the amount of his Unutilized Earned Leave and Gratuity and also to refund him the excess amount of Rs. 1,731.35 paise which was recovered from his salary.;