SURESH SHARMA S/O LATE NATHUNI SHARMA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2015-5-46
HIGH COURT OF JHARKHAND
Decided on May 08,2015

Suresh Sharma S/O Late Nathuni Sharma Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

PRAMATH PATNAIK, J. - (1.) IN the accompanied writ application, the petitioner has interalia prayed for direction to respondents to pay the entire retirement dues and prayed for quashing of the order dated 8.2.2010 by the letter of Divisional Forest Officer, Bokaro (Respondent No.6) relating to deduction a sum of Rs.86,613.88/ - from the payable amount of the petitioner.
(2.) THE facts in a nutshell is that initially the petitioner was appointed on 28.4.1967 on the post of Forestor after rendering 38 years of service, he retired on 31.12.2007 on attaining the age of superannuation vide Annexure -1 to the writ application.
(3.) THE petitioner has discharged duties to the satisfaction of his superior authorities having unblemished service career. After retirement of the petitioner, the petitioner has submitted his pension papers for fixation of his pension as well as payment of entire retirement dues in the shape of gratuity, unused leave, insurance amount and other consequential benefits. In spite of the retirement of the petitioner except provisional pension, no retirement benefit has been given but all of a sudden, the letter was issued from the office of the Divisional Forest Officer, Bokaro vide order dated 8.2.2010. Wherein total recovery of Rs.3,00,741.84/ - has been ordered to be recovered from employees including the petitioner and against the name of petitioner Rs.86,613.88/ - has been shown recoverable as mentioned vide Annexure -2 to the writ application. Being aggrieved by the impugned order dated 8.2.2010 vide Annexure -2 relating to the recovery of Rs.86,613.88/ - and in -action on part of respondent for non -disbursement of retiral dues, the petitioner has approached this Court invoking extra ordinary writ jurisdiction of this Court for redressal of his grievances. Counter affidavit has been filed on behalf of the respondents controverting averments made in the writ application. In the counter affidavit, it has been stated that the provisional pension has been given to the petitioner on 11.02.2008 vide Office Order No.14 AnnexureA to the counter -affidavit. 90% provisional gratuity has been given to the petitioner vide Office Order No.15 dated 11.02.2008 of the office of DFO, Chatra South Forest Division as per Annexure - B and C to the counter affidavit. Group life insurance amount has finally been paid to the petitioner vide Office Order No.10 dated 16.01.2008 of the office of DFO, Chatra South Forest Division as Annexure - D and E. The total amount of GPF has been paid to the petitioner on the basis of the authority letter of District GPF Officer, Chatra vide no.11 dated 19.05.2008 as evident from Annexure -F and G respectively to the counter -affidavit and total amount of encashment of unutilized leave has been paid to the petitioner by the Conservator of Forest, Hazaribagh Circle, Hazaribagh vide Office Order No.21 dated 20.02.2008 as per Anneuxre -H and I to the counteraffidavit.;


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