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2013 DIGILAW 1097 (JHR)

Arun Kumar Jha v. State of Jharkhand

2013-09-24

SHREE CHANDRASHEKHAR

body2013
ORDER The petitioner has approached this Court seeking direction upon the respondents for the release of the amount of leave encashment and for fixation of his final pension. 2. The brief facts of the case are that, the petitioner was appointed as Cook on 20.11.1967 and he superannuated on 31.03.2009. The petitioner submitted all the required documents and he completed all the requisite formalities, however, only the General Provident Fund, GIC and Gratuity were paid to the petitioner and the pension was fixed provisionally. In these facts, the petitioner has approached this Court by filing the present writ petition. 3. A Counter affidavit has been filed in which a stand has been taken that the department has sent all the documents to the office of the Accountant General for fixing the final pension of the petitioner. It has been stated in the counter affidavit that despite letters being written to the petitioner, the petitioner has not vacated the official quarter and he has taken a plea that his daughter-in-law is staying in the quarter and she is not willing to vacate the quarter. 4. Heard the learned counsel appearing for the parties and perused the documents on record. 5. Mr. Anil Kumar Sinha,, the learned counsel appearing for the petitioner, has submitted that he has instructions to submit that the respondents may take necessary steps for getting the quarter vacated and he would have no objection. In fact, the respondents have not taken any step for getting the quarter vacated and in turn, they have taken a plea that since the petitioner was not vacating the official quarter, his final pension was not fixed. 6. It has been stated in the counter affidavit that the petitioner has been granted the benefit of ACP also vide letter dated 26.02.2013. It would appear from the record of the case that, now the respondents have sent all the documents to the office of the Accountant General for fixing the final pension of the petitioner and the learned counsel for the petitioner submitted that if the final pension is fixed and paid, his client would be satisfied and he has no objection in the respondents taking any suitable action for vacating the official quarter. 7. 7. In view of the aforesaid, this writ petition is disposed of with a direction to the petitioner to cooperate with the respondents for getting the official quarter vacated and a further direction to the respondents to ensure that the final pension of the petitioner is fixed and paid within a period of two months. Petition disposed of.