AJIT KUMAR SINHA,J. - (1.) THE present writ petition has been preferred for the following reliefs: (A) The respondents be directed to fix the final pension of the petitioner immediately and to issue his authority slip and Pension Order on the basis of the last pay drawn by him. (B) The respondents be directed to pay his Group Insurance amount of Rs. 5,577/ - along with the interest which has been illegally recovered from his retirement dues. (C) The respondents be directed to pay the arrears of pay due to difference of D.A. from Jan'1972 to Sept'1993 with statutory interest. (D) The respondents be directed to pay his all legal dues including the Security amount which is still lying with head Post Master, Singhbhum, Chaibasa. (E) The respondents be directed to pay the rest 10% provisional pension which is due for the period from Sept'1995 to Aug'1997 but has been with held awaiting fixation of pension from Accountant General
(2.) THE main contention raised by the counsel for the petitioner is that the petitioner is legally entitled for all the legal dues with statutory interest and further entitled for refund of Rs. 5,577/ - which has wrongly been deducted from his retiral dues on false pretext of personal dues. The respondent Nos. 2 to 4 initially in their counter affidavit have stated that payment of 100% up -to -date pension has been paid and also the amount of Group Insurance has been paid and arrear of due from 1.4.97 to 1.4.2001 has also been paid which is evident from Annexure A, B and C. So far the amount of Rs. 5,577/ - is concerned it is stated that the same was duly paid on 4.6.2003 and the receipt are also annexed. It has also been stated that this fact has been concealed.
(3.) IN compliance with the order passed by this Court Original Register has been produced today even though in the affidavit filed by the Deputy Commissioner, Chaibasa namely Shri Sunil Kumar it is strangely submitted that he is not in a position to produce the record/document of writ petitioner as directed by this Hon'ble Court. It is unfortunate to say the least more so when the original Register has been produced on record today.;