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Judgment
Aparesh Kumar Singh, J.—Heard learned counsel for the parties. The petitioner is said to have been appointed as Lower Division Clerk on 07.11.1969 in the district of Nalanda in the erstwhile Government of Bihar and promoted as U.D.C. on 12.04.1973. Again he was promoted as head Clerk-cum-Accounts Officer vide department letter dated 05.02.1982. He was allocated to the successor State of Jharkhand and was posted in the office of the Survey Settlement, district of Hazaribagh from where he retired on 30.04.2007.
According to the petitioner, after his retirement, such amounts under the head of leave encashment, provident fund and group insurance have been paid on the lower scale. However, he is entitled for 300 days of leave encashment in stead of 240 days on which he has been paid. Though he has been granted 1st and 2nd ACP w.e.f. 09.08.1999 vide order dated 05.03.2005, but the arrears thereof have not been paid. He is also entitled for the benefit of 3rd MACP after having served for more than 30 years. Therefore, he has preferred this writ petition with a prayer that the respondents be directed to release full pension with arrears of revisional salary till the date of retirement under the 6th Pay Revision and also the benefit of 1st and 2nd ACP. It is stated on behalf of the petitioner that he made representation vide Annexure-5 before the Assistant Settlement Officer, Hazaribagh, but the aforesaid grievances have remained undressed.
Learned counsel for the respondent-State submits that the instant writ petition has come out for the first time and in absence of instructions on the merit of the case, no response can be offered so far as the claims of the petitioners are concerned. However, if the petitioner approaches the respondent no. 4, Deputy Commissioner-cum-Settlement Officer, Hazaribagh with a fresh representation, his grievances can be considered in accordance with law after due scrutiny of the service records of the petitioner.
Having regard to the aforesaid facts and circumstances, at this stage without making any comment upon the merit of the claim of the petitioner, the writ petition is being disposed of by giving liberty to the petitioner to approach the respondent no. 4, Deputy Commissioner-cum-Settlement Officer, Hazaribagh with a fresh representation duly supported with all necessary facts and documents within a period of three weeks. On receipt of such representation, the respondent no. 4, Deputy Commissioner-cum-Settlement Officer, Hazaribagh shall consider the same in accordance with law and after due verification of the relevant service records of the petitioner take an informed decision in the matter of payment of post retirement and other service dues, as claimed by the petitioner, within a period of 12 weeks thereafter, which shall also be communicated to the petitioner.
Needless to say that dependant upon such decision, if necessary sanction order is required to be issued in favour of the respondent no. 5, Accountant General, Ranchi, the same be issued without any further delay. The respondent no. 5, Accountant General, Ranchi, on receipt of such sanction letter and after examining it, issue the authority slip in favour of the petitioner within a period of four weeks thereafter, if there are no further legal impediments.
Such of admissible post retirement and other service dues of the petitioner be released in his favour as per the reasoned order passed by the respondent no. 4 within a reasonable time along with statutory interest if any. Accordingly, the writ petition is disposed of in the aforesaid terms.