2020 (5) TMI 124

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.... Tiwari, Government Advocate. ORDER 1. Petitioner was working as Assistant Engineer in Public Works Department and he retired from service on 31.07.2013. After his retirement, petitioner was not paid pensionary benefits i.e. gratuity, leave encashment, FBF, GIC, GPF. Petitioner made a representation before the respondents for payment of his pensionary benefits on 23.8.2013. Petitioner also m....

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....he had made payment from the funds to the contractor which was disallowed by the State Government, therefore, such funds were entered in miscellaneous advances in the name of petitioner. Petitioner has to pay an amount of Rs. 30,44,947/- to the State Government. By his negligence, petitioner had caused loss to the Government Treasury and, therefore, his pensionary benefits has been withheld. Along....

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.... total Rs. 30,44,947/- to contractors. It is pointed out by the respondents that recovery of this amount is to be made from petitioner and therefore, his pensionary benefits has been withheld. It cannot be said that petitioner do not know the reasons why his pensionary benefits are not paid and repeated letters were given to the petitioner by Executive Engineer, for which, no reply has been given ....

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.... such dues are ascertainable. Ascertainable Government dues have been defined in Explanation to Rule 65, which includes balance of housing, building or convenience advance, arrears of rent and other charges pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income tax deductible at source under Income Tax Act, 1961. 4. On going through the....