ANJANI KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to pay all retiral benefits with statutory and penal interest to which the petitioner is entitled to and further to grant 'Time Bound Promotion' as well as 'Assured Career Progression' benefits to the petitioner and salary for the period 1993 to 2003.

(2.) The facts, as disclosed in the writ application, in brief, is that initially the petitioner joined the services of the State of Bihar as a Supply Inspector in Sarikela Division and retired from Jarmundi Block, Dumka on 30.11.2002. After retirement, the petitioner has not been paid a single penny under any head of retiral benefits. It has further been averred that the petitioner was neither given first time bound promotion nor second time bound promotion whereas juniors to the petitioner have been given promotion by the erstwhile State of Bihar. It has further been submitted that in the meantime, the 6th Pay Commission has come into force but the petitioner has been denied the benefits till date.

(3.) Per contra, counter affidavit has been filed on behalf of respondents controverting the averments made in the writ application. It has been stated that since service book and last pay certificate of the petitioner were not received from the previous place, where he was lastly posted, by the drawing and disbursing officer, no action could be taken for payment of retiral dues of the petitioner. It has further been contended that the petitioner has also not submitted the pension form in prescribed forms before the authority, which is mandatory as per Rule 189 of the Jharkhand Pension Rule. It has further been submitted that the petitioner has neither submitted application for withdrawal of G.P.F amount nor contacted the department, hence, the department issued press release on 30.01.2015 in the newspaper for contacting petitioner to the respondent-Secretary of the department so that proper action may be taken for payment of pension etc.