- (1.) PETITIONER 's grievance is that though he retired on 31.1.1999 while working as Head master in Government Middle School, Hussainabad, Palamau, but his dues salary, earned leave and two annual increments for the year 1996 -97 after refixation of pension have been withheld for no fault on his part.
(2.) IT is submitted by Mr. A.K. Kashyap, learned counsel appearing for the petitioner, that in spite of repeated requests, the said dues have not been paid to the petitioner saying that no funds are available. Mr. R.R. Mishra, learned G.P. II, appearing for the respondents, submitted that in spite of communication to the respondents concerned, he has received no instructions and, therefore, he is not in a position to either accept or controvert the averments made in. the writ petition. However, he submitted that if the petitioner makes a fresh representation to the competent Authority, the matter will be looked into.
(3.) IN the circumstances, the petitioner is given liberty to make a fresh representation to the District Superintendent of Education, Palamau at Daltonganj (respondent no.2) who will see that the legally payable dues of the petitioner is paid to him. If any claim -part of it is not found legally payable, reasons thereof should be communicated to the petitioner. This exercise should be completed within two months from the date of filing of the representation. If the legally payable dues are not paid to the petitioner within the said time, the said amount shall also carry interest at the rate of 9% per annum which will be recoverable from the erring officer(s).It is made clear that this Court has not gone into the merits of the claim of the petitioner.;