- (1.) Heard learned counsel for the parties through V.C.
(2.) The instant application has been preferred by the petitioner for a direction upon the respondent-authorities to pay the entire retiral dues including 10% of GPF amount, arrears of differences of salary and shifting allowances after superannuation from the service along with interest @ 18% per annum and also for a direction to fix the final pension and pay the same forthwith. It has also been prayed for a direction upon the respondent not to curtail excess payment made to the petitioner during his service period from his retirement pursuant to the letter No. Pension 2-820 dated 27.08.2014, issued by the office of respondent no. 5 as the petitioner was given two ACP by the department from 22.08.2009.
(3.) The facts of the case lie in a short compass. The petitioner joined as Chowkidar, Class-IV grade employee on 22.02.1974 and thereafter, promoted and joined as Anusewak w.e.f. 02.09.1981 and worked till 09.01.1983. Thereafter, the petitioner was posted as Correspondence Clerk from 09.01.1983 from where he retired on 30.06.2013. It also appears from record that the petitioner before the date of his superannuation submitted all relevant documents regarding his retirement for fixation of his pension to his concerned office in three sets on 21.05.2013 (Annexure-1). It further transpires that the petitioner during his service period appeared in the departmental examination but could not qualify and he was exempted from his departmental examination by letter No. 491 dated 22.08.2009 (Annexure-2) issued by the office of Commissioner, Santhal Pargana, Dumka and the petitioner was granted benefits of 1st and 2nd ACP from the date of exemption from the departmental examination by order dated 29.06.2010 (Annexure-3). The case of the petitioner is that after retirement the service book of the petitioner was sent to the office of respondent no. 5 and the same was returned to the office of respondent no. 4 with the letter dated 27.08.2014 (Annexure-4) stating therein that the petitioner was granted benefits of 1st and 2nd ACP by the department w.e.f. 22.08.2009 is against the letter dated 21.05.2014 issued by the Department of Finance, Government of Jharkhand. In the said letter, it was further requested by the respondent no. 5 to resend the service book after fresh calculation. The further case of the petitioner is that after superannuation the petitioner was being given provisional pension and after issuance of letter as contained in Annexure-4 even the provisional pension has been stopped since June, 2014. Pursuant to that the petitioner filed several representations to pay his retirement benefit as well as to fix his final pension. It appears from record that a supplementary affidavit has also been filed by the petitioner stating inter alia that the respondent No.4 vide its letter no. 618 dated 29.12.2015 (Annexure-6) amended the post retiral dues of the petitioner and ordered that from 22.08.2009 only first MACP grade pay of Rs.2800 is payable to the petitioner and vide letter dated 22.03.16 (Annexure-7) the Respondent no.5 had fixed the final pension of the petitioner after amendment.;