- (1.) Heard learned counsel for the parties. The petitioner had preferred this writ petition for the following reliefs: (i) For quashing the office order as contained in Letter No. 3214 dated 13.11.2003 (Annexure-2) issued under the signature of respondent no. 3, whereby and whereunder sanction has been accorded for payment of only 90% pension and gratuity on the ground of pending charges. (ii) For payment of arrears of differential salary and other monetary benefits against the grant of first time bound promotion and second time bound promotion vide order dated 1st August, 2006. (iii) For a direction upon the respondents to pay the differential salary and other monetary benefits in lieu of grant of ACP vide order dated 19th October, 2005 (Annexure-4) w.e.f. 9.8.1999 till the date of his retirement 30th September, 2001. (iv) For a direction upon the respondents to grant 100% pension and gratuity in revised pay scale in terms of the law laid down in the case of Dr. Dudh Nath Pandey Vs. State of Jharkhand & ors., 2007 4 JCR 1(FB) along with interest. (v) For payment of differential salary for the period of suspension when he was in custody w.e.f. July, 2001 to September, 2001 amounting to Rs. 48,369/-. (vi) For a direction upon the Provident Fund Officer to recalculate the GPF and pay the differential amount of Rs. 2,31,176/- along with statutory interest.
(2.) However, counsel for petitioner at the outset seeks to confine his prayer to the reliefs as contained in prayer nos. (i),(iv),(v) and (vi). According to the learned counsel for the petitioner, the reliefs prayed in prayer nos. (ii) and (iii) have already been granted during pendency of the writ petition.
(3.) Learned counsel for the petitioner submitted that the petitioner was working as Block Development Officer, Kuru at the relevant time in 2001 when a raid was conducted in his office and he was arrested with another employee on the ground of illegal gratification of Rs. 2000/- from a petty contractor. A criminal case was instituted being Vigilance P.S. Case No. 14/2001 and the petitioner was arrested on the same day. He was granted bail subsequently on 25th September, 2001 by order of this Court before the date of his superannuation i.e. on 30th September, 2001. The petitioner moved this Court earlier in WPS No. 381/2003 for payment of post retirement benefits, which was disposed of vide Annexure 1, the order dated 3rd September, 2003 directing the authorities to determine the claim of the petitioner and pay the admitted retirement benefits after finalization of pension and gratuity and if there is no other impediment, pay the admitted dues, if found payable, within a period of three months from the date of said representation, failing which the respondents will be liable to pay interest.;