- (1.) THIS writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioner for payment of full pension and Gratuity as well as salary for the period 14.2.1996 to 31.10.1998 and also the arrears of leave encashment on account revision in pay in the light of the judgment and order dated 28.8.2007 passed by a full Bench of this Hon'ble Court in L.P.A. No. 714 of 2004 as the petitioner's case is similar to the case decided by the full Bench of this Hon'ble Court and consequently make payment of the full pension and gratuity as well as salary for the period 14.2.1996 to 31.10.1998 and also the arrears of leave encashment on account of revision in pay without any further delay with interest @ 18% p.a. and also for grant of other consequential relief.
(2.) THE learned counsel for the petitioner has referred to and relied upon a Full Bench Judgment of this court passed in L.P.A. No. 714/2004 (Dr. Dudh Nath Pandey V/s. The State of Jharkhand & Ors.) pronounced on 28.8.2007. He further contended that he is entitled to Leave Encashment in view of that order and further contended that in view of that order authority cannot withhold the amount of Leave Encashment, Gratuity or pension. He further draws my attention to a writ petition preferred by the present petitioner earlier and the same has been reported in 2005(2) JLJR pg 21 wherein at para 12 a specific direction has been given by this court which is quoted as under: "In view of that matter, this Court is of the opinion that for the time being, the respondents should release 90% of his pension and 90% of Gratuity. So far as the other amounts are concerned, that will obviously have to await the outcome of the criminal cases. So far as salary is concerned, the respondents cannot be mandated, at this stage to pay him salary on the revised scale nor leave encashment on the said scale. All these payments will have to await the outcome of the criminal cases." I am informed that this amount has been paid and order of this court has been complied with. It has also been informed that the petitioner has not challenged this order and thus, it has attained finality and become binding against the petitioner herein. The fact remains that the criminal proceeding are still pending and thus, in view of the direction specifically issued in this case, it will not be appropriate to interfere with the matter. Considering the aforesaid facts and circumstances of the case, this writ petition is accordingly dismissed.;