S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner for directions on the respondents for grant of the following benefits to him : (A) Arrears of pension after finalisation and fixation of the same (B) Full amount of Gratuity (C) Leave Encashment (D) Salary for the period not paid and (E) Benefit of Assured Career Progression.
(2.) THE petitioner was in the services of the State in the Animal Husbandry Department and having made an accused in a criminal case, "commonly known as Fodder Scam case", he was suspended on 30.1.2002. While in custody, he superannuated from service on 31.8.2002. After retirement, he has been paid Provisional Pension (90%). His grievance is that the respondents had not paid him the gratuity amount, leave encashment amount, Salary for certain period during which he had worked nor his for grant of the benefit to Assured Career Progression had been considered by the respondents. Counsel for the State submitted that the criminal proceeding, if vitiated and pending against an employee during his service career, shall be deemed to be a proceeding under Rule 43(b) of the Bihar Pension Rules, 1950 . He further submitted that as per the Government Circular No. PC 11 - 40 -28/74 -9144 B dated 22nd August, 1974, as modified by the subsequent Circular dated 31st July, 1980, he has been paid 90% of the provisional pension and that in terms of the Clause (3) of the said Circular dated 22nd August, 1974 (Annexure -E to the counter -affidavit of the respondent Nos. 1 to 3, the amount of gratuity is not payable to the petitioner, till completion of the proceeding and its final decision.
(3.) COUNSEL for the Accountant General has also relied on a Circular contained in letter No. 3/R -1 - 108/39 Ka -20233 dated 8th November, 1978, wherein the aforesaid decision was reiterated and it was ordered not to pay the amount of gratuity, till the final decision in the criminal proceeding, treating the same to be a proceeding under Rule 43(b) of the Bihar Pension Rules.;