BIRENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Respondent State as also learned counsel for the Accountant General, Jharkhand.

(2.) The petitioner was appointed as Junior Engineer in the Road Construction Department on 5.5.1998 and has since retired on 31.1.2015. At the fag end of his service, the petitioner was transferred from Road Construction Department to Building Construction Department vide Notification dated 03.09.2014 as contained in Annexure 2 to the writ application. Though the service of the petitioner was handed over to the Building Construction Department, but no place of posting was intimated to the petitioner. Petitioner, however, gave his joining in the Building Construction Department and was waiting for his posting in the said Department. It is the case of the petitioner that the petitioner was not given posting till 31.1.2015, even though he had given his joining to the Building Construction Department on 9.9.2014 itself. On 31.1.2015, the petitioner was informed to join as Assistant Engineer in Building Construction Department at Ghatshila. The petitioner gave his joining on the said post on 31.1.2015 and he superannuated on that day itself. The petitioner has filed this writ application stating that even though the petitioner has since retired, but his salary from the month of September 2014 to January 2015, Transfer allowance, benefit of 2nd MACP due to the petitioner since the year 2008 itself, his other retiral benefits including the gratuity, have not been paid to the petitioner as yet.

(3.) Counter affidavit has been filed on behalf of the Road Construction Department, Ranchi, wherein, it is stated that since the period of waiting for posting has not been regularised as yet, 90% provisional pension / gratuity has been sanctioned in favour of the petitioner and the Department has also sanctioned the amount equal to the unutilized earned leave in favour of the petitioner. As regards the benefit of 2nd MACP, it is stated that same is awaiting for clearance from Cabinet Vigilance and Lokayukta Vigilance and as soon as both the clearances are available, the matter of the petitioner shall be put up before the Department of Screening Committee for approval of the MACP Scheme in favour of the petitioner.