- (1.) This application has been filed by the petitioner, namely, for the following relief(s):- (a) To direct the respondents to pay the gratuity amount of the petitioner. (b) To direct the respondents to pay the leave encashment bill of the petitioner. (c) To pay interest at the rate of 18% on the whole amount due to be received by the petitioner from the date of retirement.
(2.) The respondent No. 3, in paras 5 and 6 of the counter affidavit has stated as under; PARA-5: That it is pertinent to state hear that it appears from the service book of the petitioner that the petitioner was appointed on 29.5.1958 and he retired on 30.11.1990. So far the gratuity amount is concerned which is calculated as Rs. 31,996/- and so far the amount of earned leave is concerned, which is calculated as Rs. 11,635/- in which Rs. 7,020/- has been paid to the petitioner vide V No. 285 dated 9.2.1984. At present total amount of gratuity as well as earned leave is calculated as Rs. 36,611/- and thereafter, a cheque of Rs. 36,611/- was prepared on 29.2.2008 in the name of the petitioner which was duly furnished and passed from the Deoghar Treasury office on 1.3.08 and thereafter a letter No. 279 dated 4.3.08 was sent to the petitioner through Special Messenger namely, Shanker Mahto who is one of the IVth Grade Employee under the office of respondent No. 3 after receiving the said letter which was containing with the aforesaid cheque, the Special Messenger went at the address of the petitioner for handing over the aid cheque, but neither the petitioner nor his family members received the said cheque, resultant of which, the Special Messenger reported to the office with regard to the said facts. PARA- 6: That the petitioner in pursuance of order dated 13.8.08 passed in WPS No. 3790 /2007 filed a representation dated 30.4.08 to the respondent No. 3 and after receiving the said representation, the respondent No. 3 issued a cheque of Rs. 36,611/- which contains with an amount of Gratuity and encashment bill of the petitioner and after duly furnished the said cheque which has been handed over to the petitioner who received this said cheque on 23.9.08.
(3.) From the perusal of the counter affidavit, it reveals that the amount dues have already been paid. The details have not been given by the petitioner in his petition.;