- (1.) BY Court Heard learned counsel for the petitioner.
(2.) ALTHOUGH , the writ petition had been preferred for payment of the entire post retirement dues including pension, gratuity, commutation of pension, part of leave encashment, difference of arrears of pay from 1st of January, 2006 to 30th November, 2008 on revision of pay scale under 6th Pay Revision Commission's recommendation with interest and for other reliefs as indicated in para 1 of the writ application during the pendency of the writ application all other post retirement benefits have been paid to him, except the interest over the outstanding amount due to delayed payment. Learned counsel for the petitioner by relying upon the communication contained in letter no. 522/c.s dated 20th May, 2009, issued under the signature of Chief Secretary, Government of Jharkhand (Annexure12), submits that as per the direction of the Chief Secretary contained therein only interest amount as per the Rules which were directed to be paid to him, have not been paid till date. Learned counsel for the petitioner, therefore, submits that the respondents be directed to pay the statutory as well as penal interest as already directed by the Chief Secretary in the aforesaid communication addressed to the Secretary, Disaster Management Department, Government of Jharkhand.
(3.) IN the circumstances, since the petitioner is confining his prayer only to the payment of interest by relying upon the order of Chief Secretary, Government of Jharkhand as contained in Annexure12, the writ petition is disposed of by allowing the petitioner to approach the respondent no.3, Principal Secretary/Secretary, Disaster Management Department, MDI Building, Dhurwa, Ranchi, with a fresh representation seeking redressal of the aforesaid grievances relating to payment of statutory/penal interest within a period of three weeks together with all supporting documents and facts relied upon by the petitioner. If, such a representation is made to the respondent no.3, Principal Secretary/Secretary, Disaster Management Department, MDI Building, Dhurwa, Ranchi, he shall consider the same, in accordance with law, and pass a reasoned and speaking order within a period of 12 weeks thereafter, which should be communicated to the petitioner as well. Needless to say that if the petitioner is found entitled to such statutory and/or penal interest over the post retirement dues on account of delay in payment, the same should be paid within a period of six weeks thereafter.;