(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondents.It has been submitted by the learned counsel appearing on behalf of the petitioner that petitioner has been compelled to move this Court for issuance of direction upon the respondents for fixation of pension of the petitioner on the last pay drawn in the proper scale of pay and release the entire amount of gratuity and leave encashment, which has not been released till date and also for the payment of interest upon the aforesaid amount on account of delayed payment.
(2.) It has submitted on the part of the petitioner that petitioner had joined service-as Circle Inspector, Kanke Anchal on 20.11.1976 and retired on 30.04.2007 as Assistant Settlement Officer, Dhanbad.
(3.) The respondents have appeared and filed their counter affidavit inter alia stating that vigilance case has been instituted against the petitioner being vigilance P. S. Case No. 10 of 2001 in which petitioner had been sent to jail on 17.07.2001. The stand of the respondents in their counter affidavits was that the sanction for prosecution against the petitioner had also been granted vide order dated 24.08.2002 by the respondents. The respondents have further stated that 75% of provisional pension has already been sanctioned in favour of the petitioner after obtaining the concurrence of the Finance Department, Government of Jharkhand, Ranchi vide Sanction Order No. 2906/ R dated 17.12.2009 (order contained in Annexure-C to the counter affidavit). Further, it has been stated in respect of the payment relating to the petitioner for grant of full pension, entire amount of gratuity and leave encashment that the matter has been referred to the Finance Department vide U.O.I. No. 36 dated 08.01.2010 for necessary advice in the light of rules and regulations, which was awailted till the time of filing of the said counter affidavit. On the other hand, respondent no. 4-Finance Department has also appeared and filed counter affidavit. In paragraph-8 of the said counter affidavit, it has been clearly stated that it is the responsibility of the Administrative Department and the Finance Department has no role.