D.G.R. Patnaik, J. - (1.) PRAYER in this writ application is made for a direction to the respondents to pay retiral dues of the petitioner including the arrears of difference of provisional and final fixation of pension from February 2008 to April 2008; arrears of pension from May 2008 onwards; the balance gratuity amount; the benefits of commutation of pension and arrears thereof; the benefits of arrears of revised pay including the arrears of gratuity and leave encashment arising of revision of pay and for a direction that such payments are made with all penal interest.
(2.) COUNSEL for the petitioner explains that the petitioner had retired from service on 31.1.2008 and after retirement, he had submitted all the requisite papers for the purpose of computing his pension amount and also for the purpose of calculating the retiral benefits in monetary terms. The Department in which the petitioner was employed, has also given the no dues certificate (Annexure -3). It is further submitted that the provisional pension was also assessed and is being paid, but in spite of all these, the respondent No. 2 who is the District Treasury Officer, Hazaribagh has deliberately failed to take action for payment of the aforementioned retiral dues to the petitioner and neither has the District Treasury Officer offered any explanation as to why the aforementioned dues of the petitioner has been held up at his end. Considering the submission as made by the learned Counsel for the petitioner, it is not known as to why even after submission of the relevant documents including the no dues certificate by the Department and other formalities have been exhausted at the petitioner's end, the respondent No. 2 have been withholding his sanction for the release of payment of the retiral dues to the petitioner. The reasonable suspension may be entertained that the respondent No. 2 has not been discharging his duty effectively and in common interest of the people.
(3.) UNDER the circumstances, Deputy Commissioner, Hazaribagh is directed to verify as to why payment of the retiral benefits to the petitioner, as claimed by him, has not been sanctioned and released until now at the end of the District Treasury Officer (respondent No. 2) and submit his report within three weeks from this date of order. In the meantime, respondent No. 2 is also directed to submit his counter affidavit. Let a copy of the order be given to the learned Counsel for the State. Let this case be posted under the same heading on 15.9.2008.;