- (1.) Heard learned counsel for the petitioner as well as learned counsel for the respondents. It is submitted by learned counsel for the petitioner that petitioner retired from the service on 31.12.2002 from the post of Correspondence Clerk while working in the office of District Superintendent of Education, Giridih. According to the petitioner, he was compelled to move this Court for the payment of all retiral dues, which were not paid to him.
(2.) Respondents have appeared and filed their counter affidavit, in which they have stated in para-4 that payment of following dues has been made to the petitioner, which is as under :--
(3.) It has also been stated that provisional pension of the petitioner has been fixed @ Rs. 7756/- per month and the same was paid to him up to the month of October, 2003. For the rest period it was not processed. However, it has been alleged in paragraph-6 that a departmental proceeding is still pending against the petitioner on some serious charges levelled against him during his service when he was posted as Head Clerk at the office of District Superintendent of Education, Giridih. It has been further submitted in paragraph-13 that gratuity amount of the petitioner has not been released with the consent of Deputy Commissioner, Giridih as the departmental proceeding Is still pending against him.;