R.K.MERATHIA, J. - (1.) THIS application has been filed for substituting the legal heirs as mentioned in para 2 saying that the writ petitioner died on 29.8.2007. Heard. Prayer is allowed. The persons mentioned in para 2 are allowed to be substituted in place of petitioner. I.A. No. 3429 of 2007 is disposed of. W.P.(S) No. 154 of 2004 Heard the parties on merits.
(2.) MR .P. Singh, learned senior counsel appearing for the petitioners, submitted that original petitioner retired on 31.12.2001, but the following retiral dues have not been paid: (a) Fixation of pension and payment of the same with arrear (Date of retirement) 31.12.2001. (b) Gratuity. (c) Group Insurance. (d) Leave Encashment of 240 days as per Annexure -7 dated 24.4.2002 of the Accountant General. (e) Final Payment of G.P.F. and (f) Arrear of salary for the period from 1.12.1996 to 31.12.2001. Mr. K.K. Ambastha, State counsel, referred to paras 4 and 5 of the supplementary counter affidavit, which reads as follows: 4. That in the counter affidavit filed on 4.11.2004, it has been stated (in para 5) that Group Insurance, G.P.F. and 90% Provisional Pension have already been sanctioned. In pursuance of the department order Memo No. 2932 dated 30.11.2004, the amount of arrear pay/subsistence allowance from 1.2.1996 to 14.11.2000, which is Rs. 6,27,960/ - (Rupees six lacs twenty seven thousand nine hundred and sixty) only has been paid to the petitioner. The arrear pay of Rs. 61,235/ -from 15.11.2000 to 28.2.2001 and Rs. 67,157/ - from 1.7.2001 to 17.10.2001 and from 24.12.2001 to 31.12.2001 has also been paid to the petitioner as well. The arrear pay of the petitioner for the period 18.10.2001 to 23.12.2001 will remain withheld, as this period has been treated as absence from duty. 5. That it is further stated that the decision regarding the payment of rest of the pensionary benefits such as 10% Pension, Gratuity, Leave Encashment will be taken up only after the final disposal of Chakardharpur P.S. Case No. 1/2002 dated 4.1.2002 pending against the petitioner. The FIR of the case has been annexed as Annexure -B in the counter affidavit.
(3.) IN reply, Mr. Singh submitted that he is not in a position to say whether the aforesaid sanctioned amounts have been paid as yet or not. He further submitted that the criminal case was not with regard to the fodder scam case rather it was for withholding the amount of salary of the subordinate employees for two months. Moreover, after the death, by order dated 17.12.2007, the criminal proceeding so far as the original writ petitioner is concerned, has been dropped. He produced a photo copy of the same. Let it be kept on record.;