- (1.) PRAYER in this writ application is for a direction upon the respondents to pay to the petitioner his full pension, arrears of pension and amount of leave encashment and gratuity alongwith the statutory interest. A further prayer has been made to provide to the petitioner the benefits of double Assured Career Progression, as the petitioner had completed 24 years of service way back on 4.8.1999 and thereafter to fix the petitioner's salary/pension and. pay the arrears of salary and pension according to the revised pay scale.
(2.) A counter -affidavit has been filed on behalf of the respondents. Heard counsel for the petitioner and the counsel for the respondent -State.
(3.) LEARNED counsel for the petitioner submits that the petitioner was appointed as an Assistant Poultry Marketing Officer, Ramgarh, Hazaribagh under the respondents on 4.8.1975 and he had superannuated from service on 28.2.2007. Subsequent to his retirement, his pension papers were forwarded to the Government by his Controlling Officer on 5.4.2007 and supplementary thereto, was communicated to the concerned department of the Government on 28.5.2007. Statement in respect of the detailed Unutilized Earned Leave was also forwarded to the concerned authorities of the Government on 26.3.2007. In spite of the submission of all the relevant documents, the petitioner's pension was not fixed and therefore the petitioner had to file the instant writ application. During the pendency of this writ application, provisional pension has been fixed and 90% thereof has been released to the petitioner. However, arrears of pension during the period after retirement, till the fixation of the provisional pension, has not been paid to the petitioner and neither has he been paid the amounts of Leave Encashment and Gratuity as yet. Learned counsel explains further that the petitioner had completed 24 years of service as on 4.8.1999 and on the date of his completing 24 years of service, no departmental proceeding was pending against him. The State Government had implemented the scheme under the ACP Scheme on 14.8.2002 and had decided to give the benefit to all such employees who had completed 24 years of service by way of first and second time bound promotion. This scheme was made effective from 15th November, 2000. Petitioner is therefore entitled to payment on the basis of revision of his pay scale pursuant to the implementation of the scheme from the date when the decision was made effective. Learned counsel adds further that the contention of the respondents that since a vigilance inquiry is pending against the petitioner for the past five years, and therefore, 10% of the pension amount/gratuity has to be withheld, cannot be accepted. ;