TAPEN SEN,J. - (1.) . Heard Mr. A.K. Sahani, learned counsel for the petitioner and Mr. Rupesh Singh, learned JC to SC -I.
(2.) IN this writ application, the petitioner has made a prayer for issuance of an appropriate writ commanding upon the respondents to pay all his retiral dues together with interest at the rate of 18% per annum. According to the petitioner, he joined his service in the Survey Settlement Department at Bhagalpur on 15.12.1970, whereafter he was transferred to Darbhanga and finally to Dumka in the year 1992. On or about 16.5.2001, by Annexure 1, the Assistant Settlement Officer (Headquarters) informed the petitioner he would be completing 58 years of age on 31.5.2001 and therefore would be superannuated on and from that date. On the same day, i.e. 16.5.2001 the same Officer also asked the petitioner to produce the certificate of date of birth. This letter is marked as Annexure 2 to the writ application. Two days, thereafter, i.e., on 18.5.2001, the petitioner was directed to produce his certificates in relation to educational qualification as also his date of birth. This direction is contained at Annexure 3 to the writ application. According to the petitioner he submitted an application on 19.5.2001 which he terms to be a reply to the aforementioned direction dated 18.5.2001 wherein he inter alia intimated that he had already submitted the original certificate in respect of his date of birth etc. However, he produced another copy of the said certificate on the same day, i. e., 19.5.2001. In support of the aforesaid contention, the petitioner has relied upon Annexure 4 to the writ application.
(3.) IN the meantime on 31.5.2001 the petitioner superannuated whereafter on 4.7.2001 he filed a representation before the Settlement Officer at Dumka for payment of his retiral dues.;