Pramath Patnaik, J. - (1.) IN this writ application the petitioner has inter -alia prayed for directions upon respondents to pay statutory and penal interest on the amount of gratuity [part payment Rs. 248728.86 from 01.08.2001 to 11.11.2003 [i.e. for 2 years 3 months approximately], the amount of gratuity [part payment Rs. 69243.14 from 01.08.2001 to 06.01.2009 [i.e. for 07 years 05 months approximately], the amount of leave encashment Rs. 157472.00 from 01.08.2001 to 06.01.2009 [i.e. for 7 years 5 months approximately] and also upon the arrears of salary Rs. 1666.00 from 01.08.2001 to 06.01.2009 [i.e. for 07 years 05 months approximately] and direction upon respondents to pay an exemplary cost of litigation for unnecessarily harassing the petitioner and depriving him from his legitimate dues for more than 7.5 years without any valid/lawful order.
(2.) THE factual matrix as delineated and revealed from the writ application in nutshell is that the petitioner joined his service under respondents Corporation on 29.09.1973 as a Mines Surveyor at the then Head Office of the Corporation at Patna from where he was posted and transferred at different projects at Ranchi, Bishrampur, Benti -Bagda, Chandula -Simalgoda, Gola, Koderma, Sapahi, Mosabani Bahragora, Jamshedpur, Biharsharif, Khamarbad and Daltonganj between 29.09.1973 to 31.07.2001. After rendering meritorious service of 28 years approximately, the petitioner retired on attaining the age of 58 years on superannuation on 31.07.2001 from the Head Office of respondents Corporation, Ranchi. At the time of retirement no departmental proceedings or any courts proceeding was either contemplated or pending against the petitioner.
(3.) AFTER his retirement the petitioner represented before respondent No. 1 through applications dated 08.10.2001, 01.11.2001, 03.02.2002, 04.10.2002, 20.11.2002, 20.12.2002 and 22.11.2003, wherein he had requested to pay his amount of full and final gratuity and also the amount of leave encashment. Since the legitimate retiral dues of the petitioner was not paid, the petitioner was compelled to approach this Court through a writ petition bearing W.P.(S.) No. 5943 of 2004 wherein following prayers have been made: a. To pay the amount of leave encashment equivalent to 240 days of unutilised earned leave balance to his credit at the time of his retirement. b. To refund Rs. 69243.14 which has unlawfully been deducted from the amount of Gratuity. c. To pay Rs. 1394.00 on account of the arrears of salary for the last three months of service i.e. from May 2001 to July 2001. d. To pay the statutory and penal interest on all delayed payments/withheld amounts from the date it became due till the date, the same are paid to the petitioner and also the cost of litigation.;