ORAL JUDGMENT

Date : 04-05-2023 Heard Mr. Purushottam Kumar Jha, learned counsel appearing on behalf of the petitioner; Mr. Mujtabul Haque, learned GP 12 appearing on behalf of the respondents and Mr. Ram Yash Singh, learned counsel appearing on behalf of the Accountant General, Bihar.

2. The petitioner has filed the present writ application for the following relief(s) :

“i. To hold and declare that the action of the respondent no.7 (The Accountant General, Bihar) in not sanctioning 100 % pension in favour of the petition is contemptuous to the order dated 15.04.2014 passed in CWJC no.8998 of 2007 (vide Annexure -1) and passed is in teeth of the resolution of the Finance Department, Bihar as contained in Memo No.50 dated 15.01.2016 (vide Annexure 10).

ii. For commanding the respondents concerned especially respondent no.7 (The Accountant General, Bihar) to sanction full pension amount of monthly pension i.e. 19,720/- w.e.f. 01.06.2007 in favour of the petitioner and also ensure arrear of pension from

01.06.2007.

iii. For quashing Ref. No.Pen 02/PEN130516020887/436712 P4 dated 27.05.2016 (vide Annexure 18) and also to refund recovered gratuity amount of Rs.85,794/- and also to ensure payment of left over claim of gratuity of rs.1,38,295/-

and other reliefs.”

3. The undisputed facts are that the Health Department, Government of Bihar, vide order No.584 (De.Chi) dated 12.06.2008 issued sanctioned order for payment of pension, gratuity and commuted value of pension to the Accountant General, Bihar and thereafter vide departmental letter no.1219 (De.Chi) dated 03.12.2008, a reminder was sent to the Accountant General to issue authority letter of differential amount of admissible pension and commuted value of pension. Vide letter dated 28.12.2018, the Accountant General was again communicated, however, the Accountant General sat over the matter and did not issue the authority letter and sought clear decision/direction regarding sanction order of 10% pension/gratuity to the petitioner. Several communications thereafter were made by the Officer-on-Special Duty, Health Department, which is annexed as Annexure ‘D’ to the counter affidavit, however, the Accountant General wrote a letter vide letter no.12221 dated 29.12.2022 that the deceased employee Late Mukti Nath Jha (the original petitioner) is no more, as such the death certificate of Late Dr. Mukti Nath Jha is required to be provided so that the amended authority letter may be issued. The Officer-on-Special Duty communicated the said fact to the widow of the deceased, vide letter no.145 (Aa.Chi) dated 01.02.2023 to furnish the death certificate of Late Dr. Mukti Natha Ojha. The death certificate of Late Dr. Mukti Nath Ojha was submitted and the pension payment order has been issued. The widow of the deceased employee is now getting family pension as admitted by the learned counsel appearing on behalf of the petitioner Mr. Purushottam Kumar Jha. The question arises as to whether the deceased employee’s pension during his life time was paid or not ?

4. It is submitted by the learned counsel appearing on behalf of the respondents that 90 % of the pension was released to the deceased employee and 10 % was withheld. The respondents have admitted in pargraph no.9 of the counter affidavit that in the light of Finance Department resolution no.50/Vi dated 15.01.2016, the petitioner is entitled to get full pension. In view of the departmental memo no.963 (Aa.Chi.) dated 16.08.2022, full pension has been sanctioned, however, the same has not been received by the petitioner. The petitioner is only aggrieved by the recovery of gratuity amounting to Rs.1,41,161/-, out of which the petitioner had deposited through vouchers amounting to Rs.53,500/-. In spite of the fact that the petitioner has deposited Rs.53,500/-, entire amount of Rs.1,41,161/- has been recovered from the account of the petitioner without adjusting the amount already paid.

5. Considering the aforesaid grievance of the petitioner, the p