Full Judgment
1. Chhatrapati Shivajee son of Late Narendra Singh Resident of Mohalla- Chandmari, Motihari, Rajendra Hostel Road, Post office- Motihari, Dist. East Champaran, retired from Muzib Girls High School, Motihari. ---Petitioner. Versus 1 The State Of Bihar 2 The Commissioner-cum- the Secretary, Secondary Education, Bihar, New Secretariat, Bailey Road, Patna. 3 The Accountant General, Bihar, Patna. 4 The District Magistrate, East Champaran, Headquarter-Motihari. 5 The District Education Officer, East Champaran, Motihari 6 The Headmaster, Muzib Girls High School Motihari. ---Respondents. ---------------------------------”
11. 01.2012 Heard learned counsel for the petitioner, State and Accountant General. This is the second writ petition filed on behalf of the petitioner for payment of post retiral dues. In the present writ petition grievance has been made that petitioner is entitled to get full-pension as also the arrear of pension. Second related grievance is with regard to payment of leave encashment of 270 days in stead of 213 days including payment of less amount under the head gratuity. The further grievance is that petitioner is entitled to get commuted value of pension. Counter affidavits on behalf of the State as well as the Accountant General have been filed, which are on record. The respondents have clarified their stand with regard to the payment of leave encashment in the counter affidavit. The State respondents have clarified the position with regard to entitlement of the petitioner to 213 days of leave encashment. Reliance in this regard has also been placed on Annexure-F which is letter of the Deputy 2 Secretary, Ministry of Human Resource and Development. Learned counsel for the respondent placed reliance on averments made in para-7 of the counter affidavit. It is submitted that the aforesaid order of the Government is not under challenge as such said claim cannot be said to be an admitted claim. Relying on averments made in para-9, it is contended that full pension has been sanctioned in favour of the petitioner. Learned counsel for the respondent Accountant General with reference to the Annexure(s) attached thereto, contended that authority slip for payment of pension as well as commuted value of pension have already been issued. A stand has been taken by the respondent that the present application for post-retiral benefit would not be maintainable in view of the fact that the petitioner had earlier also moved for payment of post-retiral dues in CWJC No. 11694 of 2009 which was considered and disposed of by order dated 21.11.2011 (Annexure-6 to the second supplementary affidavit). Learned counsel for the petitioner on the other hand, submitted that the aforesaid writ petition was filed for the fixation of scale of pay. On perusal of the order dated 21.11.2011, it appears that the said application was disposed of in the following manner:- In order to complete this exercise, all payment of final pension or other retirement benefit to the petitioner as per his entitlement fixed by the Accountant General and also to decide the question of recovery, this Court would give liberty to the petitioner to approach the Director, Secondary Education by filing his representation and the Director, Secondary Education shall pass his order so that the payment of retirement benefit to the petitioner is made within a period of three months 3 from the date of filing of representation along with a copy of this order. It, thus, appears that appropriate direction was already given by this Court for settlement of all post-retiral dues. The present grievance of the petitioner that although the pension has been authorized but he is not in receipt thereof, will be agitated before the District Education Officer, East Champaran, Motihari (Respondent no. 5). If the petitioner submits representation in this regard before the said authority in the light of the present order, it is expected the said authority shall examine the grievance of the petitioner and will redress the same in accordance with law as quickly as possible preferably within a period of one month of its filing/presentation. The writ petition stands disposed of. ( Kishore K. Mandal, J.) Sym