MAHENDRA NATH SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-4-57
HIGH COURT OF JHARKHAND
Decided on April 24,2009

MAHENDRA NATH SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE petitioner in this application has prayed for issuance of an order directing the respondents to pay the entire retiral dues of the petitioner including full and final pension, commutation of pension, gratuity with upto date statutory interest, leave encashment and final provident fund with upto date statutory interest and benefits of the revised pay scale of Rs. 6500 -10,500/ -, together with consequential benefits of ACP Scale.
(2.) FROM the counter affidavit filed by the respondents, it appears that the claim of petitioner has not been disposed of. It is stated the concerned department has issued a letter to the Deputy Secretary, Department of Finance, Jharkhand dated 8.5.2008 for the revised pay scale in favour of the petitioner in the scale of Rs. 8000 -13,500/ -w.e.f 15.11.2008 and sanction for payment of the amount for payment of Rs. 2, 68,080/towards three hundred days unutilized leave has been issued. Request letter to the District Provident Fund Officer Lohardaga has also been sent to issue authority in favour of the petitioner. It is also stated that the Accountant General, Ranchi has issued computation of pension order vide memo dated 1.12.2008 in favour of the petitioner. As regards second time bound promotion, it is stated that it will be considered from 9.11.1999 along with confidential report for 1995 -96 to 15.11.2000 and the Department, vide letter dated 24.11.2008, has requested the State of Bihar to send the confidential report for the period in question. Considering the above facts and the acknowledgement of the respondents with regard to the claim of the petitioner, there is no genuine reason for delay in making payment of retiral dues to the petitioner. Accordingly, I direct the respondents to ensure that payment of entire retiral benefits of the petitioner under various heads, together with interest from the date of eligibility till payment shall be made to the petitioner within a period of three months from the date of receipt/production of a copy of this order. With the above observation, this application is disposed of at the stage of admission. Let a copy of this order be given to the counsel for the respondents.;


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