SHIV BACHAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. In the present writ application, the petitioner who retired as a Clerk on 31st August, 2011 under the Directorate of Provident Fund on attaining the age of superannuation, had approached this Court inter alia seeking quashing of letter No. 16 dated 17th March, 2010 (Annexure-5) whereby, the first ACP granted to the petitioner in the scale of Rs. 5,000-8,000/- was reduced to Rs. 4,500-7,000/-. The petitioner had also sought direction upon the respondents to pay the entire post retirement dues of the petitioner such as Gratuity, Leave Encashment, Arrears of due increments, Pension, etc. except GPF and Group Insurance which has been paid, together with interest and statutory interest. The petitioner also made a prayer for direction upon the respondents to count his services since 19th November, 1971 on which date he was appointed as a Clerk/Moharir under Tubewell Division, Sasaram under the Department of Irrigation and Electricity. Consequently, he prayed for the grant of the benefits of second and third ACP under the ACP/MACP scheme with effect from 9th August, 1999 and 1st September, 2008 respectively since he had completed required length of services prior to the due date.

(2.) During the pendency of this writ application, counsel for the petitioner has pointed out that the respondents have reckoned the services of the petitioner from the initial date of his appointment i.e. 19th November, 1971 under the Tubewell Division under the Department of Irrigation and Electricity, Government of Bihar for the purposes of payment of pension, gratuity and other post retirement dues.

(3.) On an earlier date i.e. on 25th October, 2013, this Court after hearing the counsel for the parties, had passed an order giving the respondents further time to file a proper affidavit after reconsideration of the matter. The said order is being reproduced herein below:--