- (1.) Before learned counsel for the petitioner argues the case, in detail, it is fairly submitted by the learned counsel for the respondents that the claims of the petitioner have already been accepted and the counter affidavit has already been filed, to that effect. Looking to paragraph no. 16 of the counter affidavit, respondents have accepted the claim of Rs. 76,391/ and an order has already been passed to make the payment to the petitioner. Paragraph no. 16, reads as under: "That in view of the submissions made in paragraphs 11 & 12 of the writ petition it is submitted that the answering deponent by his letter no. 636 dated 14.10.2009 has already requested the respondent no. 2 for allotment of Rs. 76391/ in order to make payment to the petitioner." Likewise, benefits of Assured Carrier Progression will also be given to the petitioner, as stated in paragraph no. 23 of the counter affidavit, which reads as under: "That in view of the submissions made in paragraph 28 of the writ petition it is submitted that the answering deponent has forwarded the matter of acceptance of ACP benefit to the petitioner to the higher authority vide letter no. 481 dated 09.08.2009."
(2.) In view of the above submissions, I hereby, direct the respondents to grant benefit of Assured Carrier Progression, to the petitioner as expeditiously as possible and practicable, preferably, within a period of sixteen weeks, from the date of receipt of a copy of an order of this order. I hereby also, direct the respondents to make the payment of the aforesaid amount, as stated in paragraph no. 16 of the counter affidavit, to the petitioner, as expeditiously as possible and practicable, preferably, within a period of sixteen weeks, from the date of receipt of a copy of an order of this order. The amount stated in paragraph no. 16 thereof, will be paid at simple interest at the rate of 5% per annum from 1st January, 2008. Initially, the amount of interest will be paid by the State of Jharkhand to the petitioner. Thereafter, it will be deducted from the salary of the erring officer or from the retirement benefits of the erring officer, by holding necessary inquiry.
(3.) It ought to be kept in mind by the State that in this case, letter of sanctioning amount of Rs. 76,391/, which is annexed at AnnexureA of the counter affidavit, is dated 14th October, 2009 and till today, the amount is not paid. Whenever the Government is sanctioning the amount, it ought to be promptly paid to the concerned party, without any unnecessary delay. Too much time has been taken in this case, in releasing the amount of retirement benefits, after the retirement of the petitioner i.e. on 31st October, 2007.;