JUDGEMENT
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(1.) .By the Court. - The petitioner has retired from service on, 30th June, 2002 and present petition has been preferred for payment of following retirement benefits. which are yet to be paid to the petitioner.
(a) Bonus for the period of 1998 -1999.
(b) Sixth Pay Revision has not been fixed hence the benefit of Sixth Pay Revision.
(c) Salary for the period of two months leave taken during his posting at the office of Motor Vehicle Inspector. Chas, Bokaro.
(d) Salary for the period of 2 -1/2 months leave taken during posting of the petitioner at Darbhanga
(e) Salary for the period of 20 days leave taken during his posting at Gaya.
(f) Amount of Earned Leave Encashment for the period of 306 days.
(g) Arrears of G.P.F. Gratuity and Group Insurance from 05.03.1996 to 28.02.1986.
(h) Fixation of regular pension and its arrears along with the gratuity on the basis of salary payable to the petitioner under 6th pay revision.
(1) Benefit of both time bound . promotions and its arrears along with benefit of A.C.P.
(2.) COUNSEL for the respondents submitted that a detailed counter -affidavit has been filed and it has been stated in the counter -affidavit that claim of bonus was not tenable in law as the petitioner was suspended in the year 1998 -99 because he issued driving license to L.T.T.E. Supremo Shri Prabhakaran vide S.T.C. Office order No. 2796 dated 15th June. 1997. Thereafter. departmental proceeding was initiated. Meanwhile the petitioner has filed two writ petitions against his suspension and no favourable order regarding suspension was obtained by the petitioner in these two writ petitions.
During the period of suspension. the petitioner was absent without obtaining the permission of leave and during this period of unauthorised absence. he retired.
(3.) LOOKING to the counter -affidavit. it appears that all the admitted retiral benefits, such as Pension, G.P.F, Gratuity. Group insurance. as stated in the counter -affidavit. have already been paid to the petitioner and rest of the benefits are not tenable under law.;
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