AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE prayer in this writ petition is for direction to the respondent authorities for fixation of final pension of the petitioner taking into consideration the continuous Government service of the petitioner w.e.f. 16.2.1966 to 30.4.2004 and to pay the retiral dues such as gratuity, leave encashment, arrear of pension, etc. with interest 18% per annum. On the last occasion, when the matter was taken up on 18.12.2008, learned Counsel for the respondent State stated that the Service Book of the petitioner was not available with the State respondents rather, it was available in the office of the Accountant General and therefore, the pension of the petitioner could not be fixed and as soon as Service Book is made available, the authorities would take steps for fixation of pension of the petitioner.
(3.) A supplementary counter affidavit has been filed on behalf of the respondent Nos. 2 and 5 wherein, it has been stated at paragraph -4 that the petitioner joined in Bihar Finance Service on 28.7.1982 and retired on 30.4.2004 and before Joining Bihar Finance Service, he worked as Supply Inspector in Food, Supply and Commerce Department, Government of Bihar from 16.2.1966 to 27.7.1982. Earlier the provisional pension was recommended only on the basis of the Bihar Finance Service but thereafter, after verifying the period of service in the Department of Food, Supply and Commerce Department, a letter has been issued on 15.2.2007 to the Accountant General, Jharkhand, Ranchi recommending this period of the petitioner was continuous service. It is also stated in paragraph 5 of the supplementary counter affidavit that in view of the sanction of prosecution against the petitioner for passing some Bills alleged to be in irregular manner while he was posted as an Assistant Treasury Officer, Secretariat, Patna no final pension order and gratuity has been issued to him keeping in view the pending criminal proceeding and only 90% provisional pension has been granted.;