- (1.) Undisputedly, petitioner stood retired on attaining the age of superannuation on 31.03.2004, from the post of Assistant Commissioner, Commercial Taxes (Investigation Bureau), Santhal Pargana Division, Dumka. Undisputedly, petitioner had joined the Bihar Finance Service on 19.07.1982 and after rendering 21 years 7 months and 11 days service, stood retired on 31.03.2004. Undisputedly, prior to 19.07.1982, petitioner was working as Assistant in the Bihar Legislative Assembly Secretariat from 28.08.1972 to 19.07.1982. Petitioner has knocked the door of this court by invoking Article 226 of the Constitution of India for the direction to the respondents to pay pension and gratuity to the petitioner which is not being released despite repeated requests and visits.
(2.) On 31.08.2012, this Court had passed order, as under:- Mr. J.P. Jha, learned senior counsel appearing for the petitioner, has submitted that no amount towards pension and gratuity has been paid to the petitioner, who stood retired as far back as on 31.03.2004, as yet, despite several visits and requests to Respondent No. 3. Respondent No. 3 is directed to release the pension and gratuity in favour of the petitioner or show cause within three weeks by way of personal affidavit as to why pension and gratuity is being withheld and has not been paid to the petitioner. List this case thereafter.
(3.) Shri Mast Ram Meena, Secretary-cum-Commissioner, Commercial Taxes Department, Government of Jharkhand, Ranchi, has filed counter affidavit. Para-9 of the counter affidavit reads as under :- That with regard to the statement made in para 4, 5 and 6 of the writ petition, it is stated that the petitioner retired as Assistant Commissioner, Commercial Taxes Investigation Bureau, Santhal Pargana Division, Dumka, on 31.03.2004. The petitioner had joined the Bihar Finance Service on 19.07.1982 and retired on 31.03.2004 as such the petitioner was in the service of the respondent (i.e. Finance Service) for 21 years 07 months and 11 days. Prior to joining the Bihar Finance Service the petitioner was working as Assistant in the Bihar Legislative Assembly Secretariat from 28.08.1972 to 19.07.1982. The said period, while the petitioner was working as Assistant in the Bihar Legislative Assembly Secretariat has not been regularised till date for want of the service book of the petitioner. It would be pertinent to state herein that earlier the opinion of the Finance Department was sought for regularising the said period of the service of the petitioner. However, the Finance Department was of the opinion that the period of the service of the petitioner from 28.08.1972 to 19.07.1982 ought to be regularised only after the service book of the petitioner is verified. That it would be also relevant to state herein that the office of the Accountant General (A & E), Bihar, Patna vide its letter dated 29.03.2011 had informed the department that the service book and the service history of the petitioner for the above period has already been sent to the office of Accountant General (A & E), Jharkhand, Ranchi. However, the office of the Principal Accountant General (A & E) Jharkhand, Ranchi, has informed the Department that they have only received the service history of the petitioner from the office of the Accountant General (A & E) Bihar, Patna.;