PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioner has, inter alia, prayed for a direction upon the respondents to forthwith fix the final pension of the petitioner and after fixation of final pension, make payment of ACP, gratuity, transit allowances (Sthantran (Sewanirwit) Anudaan) as well as 02ndnd ACP along-with interest.
(2.) Bereft of unnecessary details, the facts described in the writ application is that the petitioner was appointed as a Clerk in the year 1975 and after rendering about more than 36 years on the said post, the petitioner has retired on attaining the age of superannuation on 31.01.2012 from the office of the respondent no. 3. It has been contended in the writ petition that after retirement, the petitioner has been running from pillar to post for grant of post-retirement benefits, such as, pension, gratuity and other post-retirement benefits. The grievance of the petitioner has fallen on the deaf ears of Respondents. Being aggrieved by the intimation dated 16.09.2016, passed by the Director-in-Chief, Health Services Development Department, Government of Jharkhand, Ranchi (Respondent No.2), the petitioner left with no other alternative, has been constrained to approach this Court for redressal of his grievances under Article 226 of the Constitution of India.
(3.) A counter affidavit has been filed by the respondent nos. 2 and 3, wherein, it has been submitted that a Committee was constituted to enquire into the merit of the appointment of the petitioner by the Director-in-Chief of Health Service, Government of Jharkhand vide his letter dated 07.06.2012. The enquiry committee has enquired into the matter and given its report on 08.08.2012 that the appointment of the petitioner seems to be illegal in first look and File has been sent to the Law Department for legal opinions and therefore, due to above condition, further MACP and other grievances are not possible to be paid. Photocopy of the Inquiry Report dated 08.08.2012 has been annexed to the counter affidavit, as Annexure-A.;