- (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to pay the entire retiral dues after granting the benefits of first and second A.C.P. and also to revise his pension and other retiral dues on that basis.
(2.) IT has been stated that the petitioner retired from service on attaining the age of superannuation on 28th February, 2007. On his retirement, the petitioner was entitled to get all service terminal benefits and the retiral dues. He was also entitled to get the benefits of first and second A.C.P. during his service period, but the same was not given to him. After the petitioner's retirement, the pension and other retiral dues were computed without granting the benefits of first and second A.C.P. i.e. at the lower rate than what the petitioner was entitled to get. The petitioner made requests and filed representations before the concerned respondents, but to no effect. Learned J.C. to G.P.II appearing on behalf of the respondents submitted that the petitioner has not approached the appropriate authority before filing the instant writ petition. The Director, Bihar Institute of Technology (B.I.T.), Sindri Respondent no.3 is the competent authority to consider the petitioner's claim and pass appropriate order. If the petitioner files a fresh representation regarding his claim, the said respondent shall consider and pass appropriate order.
(3.) CONSIDERING the said submissions, this writ petition is disposed of, giving liberty to the petitioner to file representation, regarding his claim, before the Director, Bihar Institute of Technology (B.I.T.), Sindri Respondent no.3. On receipt of the representation, the said respondent shall consider the petitioner's claim and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt of representation. If the petitioner is found entitled to get the benefits, as claimed by him, arrears of monetary benefits as difference of salary shall be paid to the petitioner within a period of six weeks thereafter. The respondents shall also take step and pass appropriate order for revising the petitioner's pension and other retiral dues, as per the petitioner's entitlement, within the aforesaid period. ;