Order on Board

1. With the consent of learned counsel appearing for the parties, this case is heard finally.

2. Petitioner has filed this writ petition seeking following reliefs:-

“10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal;

10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondents to make payment of retiral dues to the petitioner with suitable interest; and

10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.”

Digitally signed by PRAVEEN KUMAR SINHA

Date: 2026.04.13 17:22:44 +0530

3. Learned counsel for the petitioner submits that petitioner while working on the post of Dy. Jail Superintendent, was served with two charge memo levelling different allegations and departmental enquiry was initiated. During pendency of the departmental enquiry, petitioner attained age of superannuation and retired from service w.e.f. 29.02.2024. At the time of his retirement, his pension is fixed at the rate of 90% which is being disbursed to the petitioner continuously. Along with the pension, some other retiral benefits have also been extended but for the gratuity. No amount towards gratuity has been disbursed in favour of petitioner till date. Upon a query put to higher official it was informed that as the petitioner is facing two departmental enquiries therefore gratuity amount has been withheld. As of now, both the departmental enquiry proceedings have been concluded in which petitioner has been exonerated from all the charges leveled against him. Orders in this regard is passed by competent authority on 15.09.2025. He submits that even after conclusion of departmental enquiry, amount of gratuity has not been disbursed and full pension is not being paid to petitioner. Petitioner was subsequently issued a letter dated 12.03.2026 mentioning that recovery of sum of Rs.4940/- and Rs.60,657/- is pending against him. He submits that amount as mentioned in letter cannot be recovered from petitioner. He submits that he will file appropriate proceeding against the letter dated 12.03.2026 also. He however submits that amount which is sought to be recovered from petitioner is very small amount and therefore respondents be directed to release the amount payable to petitioner withholding the amount sought to be recovered and respondents be further directed to pay full pension to petitioner, along with amount of pension which has been withheld i.e. 10% of payable pension.

4. Learned counsel for the State submits that petitioner has not submitted any application to show that after his exoneration in departmental enquiry, petitioner had submitted any representation before the authority in view of submission of made by learned counsel for the petitioner.

5. I have heard learned counsel for the parties and also perused the documents enclosed along with writ petition.

6. Considering the submission of learned counsel for the petitioner that earlier the entire retiral dues has not been paid to petitioner and 10% of pension is withheld only because of pendency of departmental enquiry against him, submission of counsel for petitioner before this Court that by two orders dated 15.09.2025, petitioner has been ordered to be exonerated from charges in both the departmental enquiry proceeding initiated against him, I am inclined to dispose of this writ petition at this stage permitting the petitioner to submit fresh representation before respondents No. 1 & 2 with a prayer for disbursement of amount of gratuity and the disbursement of full pension to petitioner along with supporting documents and if such representation is submitted, concerned authority shall consider and take decision on the same in accordance with law, expeditiously, preferably within a period of 2 months from the date of receipt of represent