JUDGEMENT
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(1.)THE petitioner is said to have retired from the post of
Assistant Engineer on 31st January, 2013, while working in the
office of Chief Engineer (Engineering Cell), Human Resources
Development Department, Government of Jharkhand, Ranchi. The
petitioner as such is an incumbent of the cadre of Assistant
Engineer in Water Resources Department, Government of
Jharkhand. He is said to have been appointed on 6th February,
1979 on the post of Junior Engineer, Water Resources Department, Government of Bihar, Patna, got First Time Bound Promotion in
the year 1989 and has also been granted the benefits of 1st and 2nd
A.C.P. in 2008. On 20th May, 2011, he claims to have been
promoted on the post of Assistant Engineer and joined at Water
Ways Division, Chaibasa, whereafter he was placed under the Chief
Engineer (Engineering Cell), Human Resources Development
Department from where he has superannuated.
(2.)ACCORDING to the petitioner, there were certain adjustments of advance relating to Rs. 53,759/ for which he had duly submitted
the bills of adjustment, but the same remained unadjusted on the
part of the Executive Engineer and Accountant, Water Ways
Division, Chaibasa and consequent order for recovery of the said
amount has been ordered in the Last Pay Certificate even then the
amount has not been adjusted. According to the petitioner, there
are no departmental or criminal proceeding pending against him.
In the aforesaid background of facts and circumstances, the petitioner made representation for consideration of his claim for
the post retirement benefits as well as arrears of M.A.C.P since 6th
February, 2009, certain allowance bills and interest thereupon. The
petitioner's representation remained unredressed. Therefore, he
has approached this Court in the present writ application.
(3.)HAVING heard learned counsel for the parties in the aforesaid facts and circumstances of the case, at this stage without making
any comment upon the claim of the petitioner, the writ petition is
being disposed of by giving him liberty to approach the
Respondent no.3, EngineerinChief, Water Resources Department,
Govt. of Jharkhand, for redressal of his aforesaid grievance by filing
a fresh representation duly supported with all facts and documents
within a period of 3 weeks. On receipt of such representation, the
Respondent no. 3, EngineerinChief, Water Resources
Department, Govt. of Jharkhand shall consider the same in
accordance with law and after due verification of the relevant
service records of the petitioner and any other claim relating to
adjustment of amounts as advance made by him, take an informed
decision in the matter of such post retirement dues and other
service dues within a period of 16 weeks thereafter which shall also
be communicated to him.
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