- (1.) Following are the reliefs which the petitioner is seeking in the present writ application: - "(i) To issue an appropriate order/ direction in the nature of mandamus directing the respondents to revise the pension payable to the petitioner w.e.f. 01.04.2017 in view of revision made w.e.f. 01.02.2009. (ii) To issue an appropriate order/ direction in the nature of mandamus directing the respondents to forth with pay up-to-date statutory interest on the delayed payment of gratuity from the date of retirement till the date of payment in terms of Section 7(3A) of Payment of Gratuity Act, 1972; (iii) To issue an appropriate order/ direction in the nature of mandamus directing the respondents to forthwith release an amount of Rs. 79,612/- which has been wrongly withheld by the respondent authorities from the difference of salary and allowance payable to the petitioner in the light of the ACP I and ACP II granted to the petitioner along with up-to-date interest @ 18% till the date of actual payment; (iv) To issue an appropriate order/ direction in the nature of Mandamus directing the respondents to forthwith release the arrears of difference of salary payable to the petitioner in view of the enhancement of pay pursuant to the 8th pay revision along with up-to-date interest @ 18% till the date of actual payment; (v) To issue an appropriate order/ direction in the nature of mandamus directing the respondents to issue a no-dues certificate to the petitioner and thereafter refund the amount of Rs. 10000/- deducted from the gratuity paid along with up-to-date interest @ 18% till the date of actual payment; (vi) To issue an appropriate order/ direction in the nature of mandamus directing the respondents to give complete accounts of the post-retiral benefits receivable by the petitioner; (vii) To issue an appropriate order/ direction in the nature of mandamus directing the respondents to pay interest to the petitioner at the rate of 18% from the date the benefits became payable till the actual date of payment; "
(2.) There is no dispute that the petitioner retired on 31.01.2009 from the post of Lecturer, Research Institute of Prakrit Jainology and Ahimsa, Vaishali which is under the Education Department of the Government of Bihar. The petitioner's claim that the said post is under Bihar Education Service has not been disputed in the counter affidavit filed on behalf of the State of Bihar. The respondents have not disputed that the amount of gratuity, which the petitioner was entitled to receive on the date of his superannuation under the Bihar Pension Rules, 1950 had not been paid to him. The reason, which has been assigned in the counter affidavit for non-payment of gratuity amount, is that a sum of Rs. 44,379=00 was due to the petitioner and no dues certificate was not submitted in respect of the said amount. It has, however, been stated that the matter has been considered now and the Director (Administration), Education Department vide letter No. 1001 dated 25.06.2019 has sanctioned for payment of gratuity amount and has requested the Accountant General,Bihar for issuance of authority letter for payment of the same amount after deducting the said amount of Rs. 44,379=00. It has further been stated that payment order in respect of payment of gratuity has been issued by the Accountant General, Bihar, Patna.
(3.) In respect of payment of arrears of salary for the period April 2007 to January 2009 on account of 6th pay revision it has been stated that the same has now been calculated and a sum of Rs. 1,71,660=00(one lakh seventy-one thousand six hundred and sixty only) has been found payable. Accordingly the Institute vide its letter No. 604 dated 04.09.2020 has sanctioned payment of the said amount of Rs. 1,71,660=00 and the Treasury Officer, Muzaffarpur has been requested to make payment of the said amount. The difference of the amount of cash equivalent to unutilized earned leave arising out of revision of pay with effect from 01.04.2007 to the tune of Rs. 76610=00 has been admitted and it has been stated that the said amount has also been sanctioned for payment in favour of the petitioner. According to counter affidavit, payment of difference of salary and the amount of leave encashment is in process and the same shall be paid to him soon.;