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Judgment
I.A. No. 2058 of 2018
A writ petition which was filed with a prayer for direction upon the respondents for payment of post-retiral benefits now is sought to be converted
into one for a direction to the respondents to grant ACP benefits to the petitioner which was already granted to him way-back in the year, 2002 and
consequently to quash orders dated 26.07.2017 and 24.08.2017.
Apparently the petitioner through this interlocutory application vide I.A. No. 2058 of 2018 intends to change the nature of the writ petition. Cause of
action for filing this writ petition and the cause of action for challenging the aforesaid orders are different. For challenging these orders the petitioner is
required to plead different set of grounds which admittedly are not pleaded in this writ petition.
In the above back-ground, I.A. No. 2058 of 2018 is dismissed with liberty to the petitioner to challenge orders dated 26.07.2017 and 24.08.2017 in a
separate proceeding.
W.P.(S) No. 93 of 2015
In the supplementary counter-affidavit dated 15.12.2017 the respondent-State has produced a copy of letter dated 29.11.2017 which would disclose
that final pension for the petitioner has been fixed and necessary communication to the Accountant General (A&E), Jharkhand has been issued.
Accordingly, this writ petition stands disposed of with a direction to the respondents to issue necessary orders for payment of pension and other
post-retiral benefits to the petitioner, within next two weeks, if already not issued.
Let a copy of the order be given to the learned counsels appearing for the parties.