N.N.TIWARI, J. - (1.) IN this writ application the petitioner has prayed for a direction to the respondents to release his pension which according to him has not been sanctioned and fixed from the office of the Accountant General by PPO No. 337791 and to make payment of the arrears of pension.
(2.) THE petitioner 'scase is that he retired room the service of the respondents on attaining the age of superannuation on 31.7.1998. After his retirement the petitioner was paid only provisional pension. But since August, 2003 even payment of that provisional pension has been stopped. The petitioner has claimed that he is entitled to get his full pension as has been sanctioned and fixed from the office of the Accountant General by the said PPO w.e.f. 1.8.1998. It has been stated that if the full pension and arrears thereof are paid, he will vacate the quarter. Counter affidavit has been filed on behalf of the respondents stating, inter alia, that the petitioner retired long back, but, till date he has not vacated his quarter. The payment of pension has been withheld due to the said reason and the petitioner is in unauthorized occupation of the quarter, for which he is liable to pay penal rent. The demand notice has already been served by letter No. 1828, dated 9.10.2004. It has been further stated that for non -payment of rent the pension has been withheld. The respondents have referred to the provisions of Rule 43(A) of the Jharkhand Pension Rules to justify their said stand.
(3.) DURING the pendency of the writ application, the petitioner filed I.A. No. 920/05 praying for addition of the prayer by which the petitioner has prayed for quashing the letter dated 9.10.2004 whereby penal rent has been charged and demanded from the petitioner.;