RAMPUJAN SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner; State of Bihar; State of Jharkhand and Accountant General have assisted the Court.

(2.) By order dated 07.02.2018, the Court had directed for the personal appearance of the respondent no. 10, while observing that if an affidavit is filed by him, showing that the matter has been resolved, he need not appear. Today, no such Patna High Court affidavit has been filed by him despite specific direction of the Court and he is also not present. However, a counter affidavit has been filed on his behalf, which is affirmed by the Deputy Director and not by respondent no. 10, which was the specific direction in the order dated 07.02.2018. This is one aspect of the matter.

(3.) Coming to the merits, the matter has still not been finally settled even as per the materials brought on record in the counter affidavit filed today, for statement has been made that the sanction has been sent to the Accountant General for payment of provisional pension, provisional gratuity and provisional leave encashment. The person retiring in the year 2000 and till date the authorities forwarding only provisional pension, provisional gratuity and provisional leave encashment is not in any view of the matter resolution of the issue.