Tapen Sen, J. - (1.) IN this writ application, the petitioner has prayed for quashing of the order dated 18.8.2001 (Annexure -2) issued by the respondent No. 4 (Deputy Director. Personnel, Patratu Thermal Power Station, Patratu), whereby and whereunder, a sum of Rs. 6496.09 has been ordered to be deducted from the retiral dues of the petitioner for not having passed the Hindi Noting and Drafting Examinations. The petitioner has also made a prayer for a direction upon the respondents to pay the retiral dues, namely, pension, gratuity, leave encashment etc. on the basis of the revised pay -scale w.e.f. 1.4.1997 and the arrears of salary also on the basis of the revised pay -scale w.e.f. 1.4.1997 to 30.4.1998.
(2.) ACCORDING to petitioner, he retired on 30.4.1998 while he was working as an Accountant is the Tenughat Thermal Power Station, Lalpania under the Bihar State Electricity Board. According to petitioner, he had earlier felt himself aggrieved by an order dated 9.10.1999 by reason whereof 10% of gratuity had been withheld for not vacating his quarter. He was similarly also aggrieved by the inaction exhibited on the part of the respondents in not paying the post retiral dues. Consequently, the petitioner moved CWJC No. 1169/2001 which was disposed off by order dated 26.3.2001 as contained at Annexure -1, whereby and whereunder, the respondent No. 2 were directed to pay the admitted retiral dues within six weeks from the date of receipt or production of a copy of the said order. While disposing off the writ petition this Court also held that since the petitioner had retired in the year 1998 and even the admitted dues had not been paid to him, he was therefore entitled to interest @ 10% p.a. with effect from the date of retirement till the date of receipt of the payments along with costs which was assessed at Rs. 1000/ -. Both the amount of interest and costs were also directed to be paid within the aforementioned period. According to petitioner, the respondents paid nothing to the petitioner inspite of the direction of this Court as a result whereof he has filed a contempt application vide Contempt (W) No. 705/2001 which is said to be still pending before this Court.
(3.) THE petitioner has now made a grievance that instead of paying, the respondents came out with a letter dated 18.8.2001 directing deduction of a sum of Rs. 6496.09 p. vide Annexure -2 to the writ petition and the grounds assigned for making such deduction is that the petitioner had not passed the Hindi Noting and Drafting Examination.;