- (1.) : The petitioner, in this writ petition, has prayed for a direction on the respondents to pay the amounts of final pension, gratuity, leave encashment, group insurance, general provident fund and other retiral benefits, which are payable to the petitioner.
(2.) ACCORDING to the petitioner, he retired as an Assistant Teacher as back as on 30th September, 2003. After his retirement, he was entitled to get his retiral benefits and other service terminal benefits, but till date the amounts of pension, gratuity, leave encashment, provident fund and group insurance have not been paid to him in spite of his repeated requests and representation. A counter affidavit has been filed on behalf of the District Superintendent of Education, Gumla -Respondent no.5, stating, inter alia, that by letter dated 22nd September, 2008 the Drawing and Disbursing Officer, in reply to the petitioners claim, has reported that the petitioner was found absent from his duty since st August, 1997. It has been further stated that the petitioner was asked to produce the service book along with pension papers, but he has not produced the same.
(3.) IN reply the petitioner has stated that the pension paper has been submitted long back in October, 2003. So far as the service book is concerned, the same is kept by the Drawing and Disbursing Officer and is not expected to be in possession of the petitioner. Regarding the allegation of absence from duty, he has stated that the petitioner was transferred to a place where there was no vacant post. Thereafter, he was kept on deputation without paying his salary. In order to cover the said illegal deprivation, the respondents have taken plea in their counter affidavit for the first time that the petitioner was absent from duty during that period.;