APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the parties.
(2.) It is not in dispute that the writ petitioner approached the writ court in the year 2010 seeking pensionary dues except GPF on the strength of his claim that he served as a Forest Guard from 19.9.1951 at Palamau till 12.10.1971 when he opted for V.R.S. From Garhwa South Forest Division. Petitioner was paid his contribution towards GPF on 24.11.1972 itself. Learned writ court, by judgment dated 21.9.2016, has allowed the writ petition directing the Respondents to grant him pension including any revision for the pensionable service period within a period of three months, failing which, it shall carry statutory interest till it is paid from the expiry of three months period. Any retirement benefit, if remaining, shall also be paid within the same time and with the same stipulation relating to interest.
(3.) It is the case of the Respondent/appellant that the petitioner worked as a Forest Guard from 10.9.1951 till 31.12.1967. On 1.1.1968, he applied for casual leave on the ground of illness of his wife for five days. Thereafter, he fell ill and could not attend the duty. On 5.8.1968, he wrote to the Divisional Forest Officer, Garhwa South Division that he would not be able to serve due to ill health and resigned his job. After that no trace was found of the petitioner, though lot of correspondences were undertaken to bring him back for joining official duties. However, all efforts proved futile as he did not turn up to respond to the official letters.;