- (1.) Heard, learned counsel for the petitioner and learned counsels for the respondents. The petitioner has moved before this Court by the instant writ petition for seeking following reliefs :-- (i) for fixation and payment of pension alongwith arrears. (ii) to pay the difference of salary on the basis of the 5th Pay Commission algonwith interest. (iii) for immediate and forthwith payment of Rs. 2,35,000/- alongwith interest in lieu of commuted pension. (iv) for quashing the letter No. 508 dated 06.05.2009 issued by the respondent No. 2 whereby the respondent No. 3 has illegally ordered of deduction of Rs. 36.980/-from the petitioner in lieu of house rent. (v) for direction upon the respondent to refund the amount of Rs. 6,980/- illegally deducted from the salary of the petitioner and (vi) for direction to pay the Group Insurance Amount alongwith interest
(2.) It is submitted by learned counsel for the petitioner that petitioner had retired from the post of Jan Sevak from the office of Block Development Officer. Chas Block, Bokaro. It is further submitted that petitioner was initially appointed as Jan Sevak in Dumri Block thereafter he was posted at different places including Bermo Block. Paterbar Block and finally at the time of retirement he was posted at Chas Block. The letter impugned has been issued for recovery of house rent for unauthorizedly occupying government quarter in Bermo Block.
(3.) The respondents have appeared and filed their counter affidavits in which they have stated that earlier provisional pension was paid to him since October. 2008, due to incomplete service book. For fixation of final pension, all the relevant papers have been sent to the Office of Accountant General vide letter No. 1554 dated 21.12.2009 (Annexure-A to counter affidavit). It is further submitted that Group Insurance has already been prepared by way of cheque but according to the petitioner, he has not received as deduction of Rs. 36,980/- was made from his post-retiral dues. It has been stated in paragraph-9 of the said counter affidavit that petitioner has been living in Government Building since December 1986 to December 2007 and also taken house rent from the Government. Hence, house rent allowance was deducted as per Government Rules.;