Permod Kohli, J. - (1.) BY Court: Petitioner retired from service of the Government of Bihar on 31 December, 1997 as a Jan Sewak while on deputation in the Ranchi Institute of Neuro -Psychiatrics and Associated Sciences (briefly R.I.N.P.A.S.), Kanke, Ranchi. He has approached this Court claiming the following retiral benefits. (ii) Retirement Benefits in the shape of - (a) Pension, (b) D.C.R., gratuity, (c) General Provident Fund money (with up -to -date statutory interest), (d) Cash equivalent of unutilised earned leave, (e) Group Insurance money and (f) Commuted value of a third of the pension
(2.) BESIDES the aforesaid claims, he has also claimed Deputation allowance for the period 28th of August, 1983 to 31 December, 1997 and interest on the arrears of retiral benefits. It is stated in the writ petition that while in service petitioner was deputed to RINPAS at Ranchi as Garden Overseer vide Director of Agriculture, Bihar's memo. No. 10845 dated 20th of August, 1983. While on deputation, he attained the age of superannuation and retired from service. While in service, petitioner requested for repatriation to his parent Department vide letter dated 14th of March, 1997. According to the petitioner, no steps were taken for his repatriation. He has also referred to representation made by him for deputation allowance and other retiral benefits. Being denied the retiral benefits on superannuation he has filed the present writ petition claiming the benefits detailed hereinabove. There are three affidavits on record filed by the Accountant General (Respondent No. 5) and Respondent Nos. 2 and 3.
(3.) IT is stated in the reply filed by the respondent No. 2 that petitioner's deputation to Mental Hospital, Kanke, Ranchi was without intimation to him. However, superannuation of the petitioner is admitted. It is further stated that service book of the petitioner was not available in the District Establishment Section, Ranchi Collectorate and in absence of their being any intimation of his superannuation, steps could not be taken for payment of the retiral benefits to him. As regards the payment of deputation allowance, it is mentioned that petitioner was entitled to Deputation allowance admissible under the Rules from the Establishment where he was deputed. It is further stated that the Director, Ranchi Mental Hospital was requested vide letter dated 12th of November, 1999 to forward the Service Book and pension papers of the petitioner for sanction of provisional pension, gratuity, Group insurance and leave encashment and on receipt of the papers, the same will be sanctioned. Respondent No. 3, in the affidavit, also referred to Deputation order in respect to the petitioner dated 20th of August, 1983. It is further stated that the service book of the petitioner has been sent to the Parent Department i.e. the Agriculture Department, Government of Bihar vide letter dated 23rd of September, 1999. Regarding the payment of the provident fund, it is stated that after getting clearance from the District Provident Fund Officer, Ranchi, this Respondent has sent the Bill to the Treasury Officer, Ranchi, who has refused to acknowledge the same on the ground that R.I.N.P.A.S. has not been authorized by the State Government for payment of the G.P.F. amount. Consequently, request has been made by this Respondent to State Government for such an authorization.;