RAM CHANDRA PATHAK Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-3-31
HIGH COURT OF JHARKHAND
Decided on March 11,2008

RAM CHANDRA PATHAK Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

N.N.TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to pay the retiral dues, payable to him, as also the salary for the month of March 2000, which is still arrear and has not been paid to him.
(2.) IT has been stated that the petitioner retired from the services of respondents on attaining the age of superannuation on 30th June, 2002, while he was working as Supervisor of Tasar Seed Supply, Dumka. After his retirement, the petitioner was entitled to get all the arrears and the retiral benefits, but the benefits payable to the petitioner were not paid to him. Arrear of salary for the month of March, 2000 was also not paid to the petitioner. A counter -affidavit has been filed on behalf of the respondents, stating, inter alia, that the respondents have already paid the entire dues and nothing is due to be paid to the petitioner. It has been further stated that the petitioner is not entitled to get salary for the month of March, 2000 due to his absence from duty. Though the petitioner was absent from the duty, he had marked his attendance fraudulently for claiming salary of the said month and as such, he is not entitled to get the same.
(3.) I have heard learned Counsel for the parties and considered the facts and materials brought on record. Learned Counsel appearing on behalf of the petitioner submitted that a proceeding was initiated against the petitioner for the charges of misconduct after his retirement under Rule 43(b) of the Bihar Pension Rules.;


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