PRABHA DEVI Vs. BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED
LAWS(JHAR)-2009-7-177
HIGH COURT OF JHARKHAND
Decided on July 27,2009

Smt.Prabha Devi Appellant
VERSUS
Bihar State Food And Civil Supplies Corporation Limited Respondents

JUDGEMENT

D.G.R.PATNAIK, J. - (1.) HEARD Sri Afaque Ahmed, learned Counsel for the petitioner petitioners and Sri Abhiram Anand, for the respondents.
(2.) AT the outset, it may be noted that during the pendency of this writ application, the petitioner had died. On the prayer of the learned Counsel for the petitioner, the name of the petitioner has been deleted and this writ application is being pursued by his legal representatives who were his dependents. The petitioner in this writ application had prayed for a direction to the respondents to pay him the entire retiral dues including Pension, Gratuity, Leave Encashment, Provident Fund and Group Insurance payable in his account and also for quashing the letter dated 31.08.2004 (Annexure -2) issued by the Respondent No. 3 whereby he was directed to deposit an amount of Rs. 10,07,951.05 within 15 days from the date of order.
(3.) THE petitioner was employed under the respondents as an Assistant Godown Manager in the year 1975 and thereafter he was transferred and posted at several places. Ultimately, he retired from service on 31.08.2004. Thereafter, he was expecting payment of his retiral dues but the same was not forthcoming. The petitioner submitted his representations demanding payment of his retiral benefits but instead of paying the same, the respondents had served him the impugned letter dated 31.08.2004 calling upon him to deposit a sum of Rs. 10,07,951.05 on the ground that it was detected that during his tenure of posting at several places, there was shortage of different amounts and the total shortage calculated was Rs. 4,94,184.17 out of which a sum of Rs. 2,47,067 / - could be realized from the petitioner and the remaining balance was yet to be paid by the petitioner and upon the remaining balance and the earlier unpaid amount, a further amount by way of interest @ 18% was added, and calculated at a total outstanding dues of Rs. 10,07,951.05.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.