APARESH KUMAR SINGH, J. - (1.) HEARD learned counsel for the petitioner as well as learned counsel for the respondent -J.S.E.B. Petitioner has preferred this writ petition for issuance of direction upon the respondents for payment of his entire retiral dues including regular pension -cum -DCR Gratuity, leave encashment and the amount of House Building Advance recovered from the pay of the petitioner from March, 2001 to October, 2003 amounting to Rs. 45,000/ - alongwith its interest @ Rs. 429.75 per month till the date of its payment.
(2.) Petitioner has also made prayer for payment of interest on delayed payment of all such retiral dues. According to the petitioner, he retired from the services of Jharkhand State Electricity Board, Ranchi as an Electrical Executive Engineer on 31.03.2007. The respondents have appeared and filed their counter affidavit in which it has been stated that earlier proceeding under Rule 139B of Bihar Pension Rule had been initiated against the petitioner, which was subsequently dropped on 11.02.2010 and all the admitted retiral benefits of the petitioner will be finalized. The respondents have made statement in paragraph -4 of their counter affidavit, which was filed on 12.04.2010 that a sum of Rs. 3,50,000/ - has been sanctioned as DCR Gratuity by the Director of Accounts, JSEB, Ranchi vide memo No. 232 dated 22.03.2010. It has further been stated that a sum of Rs. 8715/ - and DA as admissible w.e.f. 01.04.2007 has been sanctioned as monthly pension by the order of Director of Accounts, JSEB, Ranchi. It has further been stated that a sum of Rs. 2,78,062/ - has been sanctioned in favour of the petitioner on account of leave encashment and necessary letters are annexed and marked as Annexure -A series to the counter affidavit. On the basis of the above, all the retiral benefits will be paid to the petitioner soon after the receipt of the fund.
(3.) LEARNED counsel appearing on behalf of the petitioner submits that of course these payments have been made, but the amount of Rs. 31,372/ - has been illegally deducted as interest over house advance from the petitioner's salary of 2003 to 2007 inspite of the fact that the total amount of Rs. 1,10,000/ - as House Building Advance has already been deducted by BSEB as well as JSEB till 2003 itself. It was only on account of non -credit of Rs. 45000/ - by JSEB to BSEB at the appropriate time that the said interest has been illegally deducted from his salary till his retirement.;