RIT LAL SAHNI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed for fixation of pay in the 1st and 2nd A.C.P. scale and payment of arrears and also final pension and other retiral benefits like leave encashment, gratuity etc., and for payment of G.P.F. from 1978-1979 to 1980-1981 i.e. for three years. It is submitted that the petitioner retired on 30.6.2001 but the entire retiral benefits have not been paid. Counsel for the State submitted that the petitioner submitted his final pension paper only on 31.1.2006 and he did not vacate the quarter and the verification of service book is in process. On this Mr. Dubey, appearing for the petitioner, submitted that the petitioner has vacated and handed over the vacant possession of the quarter long back, but it appears that he has not filed any rejoinder controverting the statements made in the counter affidavit that the petitioner has not vacated the quarter. In the circumstances, the petitioner must vacate and hand over the vacant possession of the quarter in question, if not already vacated, within fifteen days. If the petitioner has vacated the quarter or after he vacates the quarter, as per this order, he will be at liberty to make representation before the The Executive Engineer, Drinking Water and

(2.) Sanitation Department, Swarnrekha Project Division, Booty, Ranchi (respondent no. 4). The undisputed and legally payable dues/claims should be given to the petitioner along with statutory interest,if payable. If any claim is found not legally tenable, reasons thereof should be communicated to him. This exercise should be completed within two months from the date of receipt of such representation.

(3.) It is made clear that this Court has not gone into the merits of the claim (s) of the petitioner.