- (1.) In the accompanied writ application, the petitioner has initially prayed for payment of retiral benefits like Provident Fund, Gratuity, Pension, Leave Encashment of the petitioner and for payment of salary with all benefits from 1973 till his date of superannuation. During pendency of the writ application, by virtue of amendment order dated 08.10.2014, the petitioner has prayed for quashing of the order dated 04.08.1999 by which the petitioner has been removed and dismissed from services.
(2.) Sans details, the facts as delineated in the writ application, is that the petitioner was appointed as E.D.D.A-cum EDMC in the Postal Department at Branch Post Office, Bhavnathpur in the year 1964. Since then till 1973 the petitioner continued to work on the post to the satisfaction of superior authority. Due to some irregularities and defalcation by the then Post Master, he was proceeded by the department and the petitioner was implicated in the aforesaid case. It has been submitted in the writ application that the petitioner has been exonerated by the Sessions Judge, Garhwa in Cr. Appeal No.56 of 1987 vide judgment dated 07.09.2002.
(3.) Per contra, counter affidavit has been filed on behalf of the respondents controverting the averments made in the writ application. In the counter affidavit, it has been submitted that the petitioner was posted as ExEDDA/MC, Makri BO in account with Bhawanathpur SO placed under put off duty w.e.f. 13.06.1973 by IPOs, Garhwa and was proceeded under Rule 8 of ED (Conduct and Service) Rules. He has been awarded penalty of removal vide order dated 04.08.1999 due to conviction by the trial court at Garhwa, vide order dated 20.07.1997. As the petitioner was not reinstated, he is not entitled for any benefits claimed by him. Further, the petitioner is not entitled of salary from 1973 till date of his superannuation on the principle of 'no work no pay'. It has further been submitted that the petitioner was a Extra Departmental Agent and not entitled for any pensionary benefit. The petitioner was proceeded under Rule 8 of the Conduct and Service Rules, 1964 and was removed from services vide memo dated 04.08.1999 due to conviction by the trial court. A supplementary counter affidavit has been filed on behalf of the respondents annexing the order of removal dated 04.08.1999, vide Annexure-A/1. Learned counsel for the respondents by referring to the supplementary counter affidavit dated 27.06.2009, submitted that as per the D.O.P letter no.40-29/87-PE.II dated 15.07.1987 the minimum service for payment of ex-gratia gratuity will be reduced to ten years from the existing limit of fifteen years. The petitioner official did not fulfill this condition. There is no provision of any pension as per Rule 6 of E.D. Agents (Conduct & Service) Rule 1964. The petitioners's date of entry as on 26.02.1965 and put off duty on 21.05.1973, he has completed of service period only 08 years 02 months and 23 days as the service rendered by the Ex-EDDA was less than 10 years there was no provision of ex-gratia gratuity. Pension is not admissible to ED Agents. Learned counsel for the respondents further submits that the petitioner's prayer may not be considered in view of the fact that he was a Extra Departmental Agent and not entitled for any pensioner benefit. The petitioner was proceeded under Rule -8 of the Conduct Rules, 1964 and was removed from service vide ASPOs, Garwha, vide memo dated 04.08.1999 due to conviction by the trial court. Further, the petitioner was not reinstated in his services therefore he is not entitled for any gratia gratuity and therefore, the petitioner has been dismissed from services in departmental poceeding.;