D.N. Patel, J. - (1.) Learned counsel for the petitioner submitted that the order dated 20th December, 2008, passed by respondent no. 3 at Annexure-1, withholding 25% of the pension amount of the petitioner is totally dehors the law and is in gross violation of the pension rules, applicable to the petitioner and is also in gross violation of the decision rendered by this Court in the case of Dr. Dudh Nath Pandey v. State of Jharkhand & others as reported in 2007(4)JCR 1 (Full Bench) as well as in the decision passed by this Court in the case of Lib nus Minj @ Libunus Minz v. State of Jharkhand and others passed in W.P.(S) No. 1002 of 2007 and therefore, a direction may be given to the respondent no. 2, so that a final decision may be taken for release of already withheld amounts of pension and gratuity, with statutory interest.
(2.) I have heard learned counsel for the respondents, who has submitted that they have no much objection, if a direction is given to the respondent no. 2, for taking afresh decision, after giving an opportunity of being heard to the petitioner and keeping in mind the aforesaid two decisions, within stipulated time.
(3.) In view of these facts and looking to the facts and circumstances of the case, I hereby direct the respondent no. 2, to take a decision afresh about the release of the withholding amounts of pension and gratuity of the petitioner. The decision will be taken by respondent no. 2, in accordance with law, rules regulations and policies and enforceable Government orders, applicable to the petitioner and after giving an adequate opportunity of being heard to the petitioner or to his representative and keeping in mind the aforesaid two decisions and the pension rules, applicable to the petitioner. This exercise shall be completed by respondent no. 2, within a period of twelve weeks from the date of receipt of a copy of an order of this Court and if the decision is taken in favour of the petitioner, the legally payable amount of pension, gratuity etc. shall be given to the petitioner, within a further period of six weeks with statutory inertest.;