IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 245 of 2013 Vishnu Sharan Sharma .... Petitioner Versus The State of Jharkhand & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. A.K.Sahani For the Respondent-3 :Mr.Suresh Kumar, Standing Counsel For the State : J.C. to G.P. IV 02/14.08.2013 Learned counsel for the petitioner is permitted to implead the Engineer-in-Chief of Water Resources Department, Nepal House, Doranda, Ranchi as party respondent no.
6. It is the grievance of the petitioner that after his retirement from the post of Assistant Engineer under the Water Resources Department being posted at Surangi Dam Sub- Division No. 1, Bundu on 30.6.2010, he has been granted the benefits of Modified Assured Career Progression Scheme (M.A.C.P) vide Annexure-2 dated 23.6.2011. The benefit of Assured Career Progression (A.C.P.) has also been granted earlier vide Annexure-1 dated 14.6.2008. However, the monetary benefits arising out of grant of such M.A.C.P. and A.C.P. have not yet been paid to the petitioner. According to the petitioner other post retiral dues in the nature of G.P.F. Amount and the other grievances of the post retirement benefits such as interest on G.P.F amount, Travelling Allowance and Transfer Travelling Allowance etc, though sanctioned, have remained unpaid. He has represented before the Executive Engineer, Irrigation Division, Bundu vide Annexure-3 dated 25.4.2011 and has followed by another representation vide Annexure-5 dated 26.6.2012. However, such balance outstanding post retiral and other dues, as aforesaid, are not paid till date. Learned counsel for the petitioner submitted that the respondents be directed to consider his representation and sanction the release of the aforesaid amount in accordance with law. Learned counsel for the respondent- State submitted that since it is the payment of balance post retiral dues , the petitioner should approach the competent Authority i.e. the respondent no. 6, Engineer- in- Chief, Water Resources Department who may look into his grievances and pass a reasoned order in accordance with law. -2- In such circumstance, having heard counsel for the parties, without commenting upon the merit of the claim of the petitioner, the writ petition is disposed of with a liberty to the petitioner to once again approach the respondent no. 6, Engineer- in- Chief, Water Resources Department with a fresh representation for redressal of his grievances relating to post retiral dues arising out of such grant of M.A.C.P and A.C.P vide Annexure-2 and 1 respectively as also such other dues on account of statutory interest on G.P.F. amount , Travelling Allowance and Transfer Travelling Allowance with statutory interest, if any within a period of 3 weeks supported with all facts and documents. On receipt of such representation, the respondent no. 6, Engineer- in- Chief, Water Resources Department shall consider the same in accordance with law after proper verification of the service record of the petitioner and pass a reasoned and speaking order within a period of 12 weeks, thereafter, which shall also be communicated to the petitioner. Needless to say, if the dues as claimed by the petitioner are found to be genuine and legally admissible, the same shall be paid within period of 8 weeks, thereafter. The writ petition is disposed of in the aforesaid terms. (Aparesh Kumar Singh, J.) A. Mohanty