S.J.MUKHOPADHAYA, J. - (1.) THIS writ application has been preferred by the petitioner for a direction on the respondents to consider his case for 2nd time bound promotion from due date, which was wrongfully denied to him on account of fault on the part of the respondents. He has further prayed for a direction on the respondents to pay him the total post -retiral benefits, such as, pension, leave encashment, group insurance etc., including arrears of salary, to which he is entitled.
(2.) ACCORDING to the petitioner, he was functioning as Skilled Khalashi in the office of the Electric Supply Sub -Division, Chouparan, District -Koderma. On the basis of wrong entry regarding his date of birth, he was illegally made to superannuate on 31st March, 1995. Subsequently, in pursuance of an order, passed by the superior authority, after examination by the Medical Board, he was reinstated on 27th April, 1997 and later on, retired from the service of the Jharkhand State Electricity Board (hereinafter to be referred as "JSEB") on 31st January, 2003. Grievance of the petitioner is that he was not given second time bound promotion to which he was entitled and at the time of consideration, he was made to retire with effect from 31st March, 1995, although the cases of juniors were considered and they were granted the said benefit vide order dated 20th September, 1995 i.e., the period when the petitioner was forced to remain out of service. It is stated that the respondents have not paid the total post -retiral dues, such as, pension, leave encashment, group insurance etc., including arrears of salary on the basis of the revised pay scale.
(3.) LEARNED counsel for the JSEB sought for some time to obtain instruction and file counter affidavit. However, as the matter requires determination by the respondents at the first instance, instead of giving any finding on the merit of the case, it is being disposed of at this stage. The petitioner is given liberty to approach the General Manager -cum -Chief Engineer, Jharkhand State Electricity Board, Electric Supply Region, Dhanbad, who will decide the question of time bound promotion of the petitioner and the matter relating to payment of post -retiral benefits, such as, pension, gratuity, leave encashment, GPF, group insurance, GSS, including the arrears of salary, if any, on the basis of revised scale of pay. If the service book of the petitioner is traceless, in that case, the authority will try to reconstruct the duplicate service book and, if so required, may take help of the petitioner in preparing the duplicate service book. The authority will take a decision on the representation, so made by the petitioner, within three months from the date of receipt of such representation and will pay the admitted dues, if found payable, within one month thereof i.e., within four months from the date of receipt of representation, failing which the respondent -authorities will be liable to pay interest at the rate of 5% per annum on the admitted retiral benefits from the date the petitioner is so entitled till the date the amount is paid. On the other hand, if the authority disputes any claim or part thereof, he will communicate the ground(s) to the petitioner.;