- (1.) HEARD Sri B.P.Pandey, senior counsel for the petitioner, J.C. to G.P.II for the respondent State, Sri S.Shrivastava, learned counsel for the respondent No. 8 and Sri S.P.Roy, learned counsel for the respondent Nos. 5 and 7.
(2.) THE petitioner in this writ application has prayed for a direction upon the respondents to pay him his post retiral dues including Pension, Gratuity, Leave Encashment, G.P.F. 1975 to 1980 -81 together with statutory interest and also to fix the petitioner's pension in accordance with law and to release such payments to him. The petitioner was employed under the respondents and had retired as Junior Engineer (Civil) under the Executive Engineer, Quality Control and Monitoring Division, Deoghar. After superannuation, he was expecting payment of his retiral dues but the same was not paid to him. When the retiral dues were not forthcoming, the petitioner filed a writ application before the Patna High Court vide C.W.J.C. No. 10879 of 2002.
(3.) THE writ application was disposed of by the order of the Court dated 08.05.2003 with a direction to the petitioner to file a fresh representation before the concerned authorities and with a corresponding direction to the concerned authorities of the respondents to constitute a Committee to look into the grievance of the petitioner and to pass an appropriate order on the claim of the petitioner for the payment of his retiral benefits. It appears from the same order passed by the Court in the earlier writ application that the petitioner's claim was contested by the respondents on the ground that there was a reasonable ground to entertain the belief that the petitioner was never granted promotion to the post of Junior Engineer and as a matter of fact, there was another person who also bore the same name as the petitioner and an issue was raised that the matter needs to be probed in order to find out as to whether the petitioner had actually functioned as Junior Engineer and whether the petitioner deserves the benefits of the post of Junior Engineer. It was in this context that the Court had directed for the constitution of a Committee to assess the entire matter and to take appropriate decision on the same.;