JUDGEMENT
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(1.) In this writ petition, the petitioner has prayed for direction upon
the respondents to release the illegally recovered amount of one
increment with interest and earned leave of 76 days, as also the benefit
of 6th Pay Commission which he is entitled to get. The petitioner has also
prayed for direction to the respondents for re-fixing his pension
according to the benefits of 6th Pay Commission.
(2.) It has been stated that the petitioner was appointed as Assistant
Teacher in Rama Sahu High School, Garhwa. After having served for a
long time he was superannuated from the said school on 29.2.2008.
After retirement he was entitled to get all the retiral as well as service
terminal benefits, but the respondents, in stead of paying the same,
wrongly recovered the amount of one increment. They have also not
encashed 76 days' earned leave and have not revised his pension
according to the provision of 6th pay commission. The petitioner made
his representation to the District Education Officer, Garhwa, but till date
no order has been passed.
(3.) Learned J.C. to Sr. S.C.II appearing on behalf of the respondents,
submitted that the petitioner's claim shall be considered by the
competent authority and appropriate order shall be passed.
Considering the above, this writ petition is disposed of giving
liberty to the petitioner to file a representation regarding his claim before
the Director, Higher Education, Jharkhand. The Director, on receipt of
the representation, shall consider the petitioner's claim and pass
appropriate order in accordance with law within six weeks from the date
of receipt of the representation. If any amount or one or the benefit(s)
claimed by the petitioner is/are found payable, admitted amount(s) shall
be paid to him within a period of six weeks thereafter with statutory
interest.;
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