ORDER : Heard Mr. Gaurav Abhishek for the petitioner and Mr. Kumar Vaibhav for the respondent Hindustan Steelworks Construction Limited. 2. The petitioner has preferred this writ petition for direction to forthwith pay the salary since 18.02.2006 till date and also for a direction upon the respondents to consider the case of the petitioner for promotion to the higher post of Section Officer with all consequential benefits from the date when the other similarly situated persons have been granted. 3. Learned counsel appearing for the petitioner submits that the petitioner was appointed on 16.09.1976 on the post of Time Keeper with the Respondent No.1. The petitioner was supposed to be promoted to the higher post of Section Officer but his case has not been considered and others have been promoted and as such, the petitioner is entitled to be promoted on the post of Section Officer. The petitioner made representation but no action has been taken on that. In the body of the writ petition the petitioner has mentioned that certain medical bills of the petitioner have not been paid. It is also stated in the writ petition that the petitioner has been transferred from Bokaro Steel City to Chennai on 03.04.2003. The petitioner has also averred in the writ petition that arrears of salary for 21 months is due which has not been paid to the petitioner. 4. On the other hand, learned counsel appearing for the respondents submits that the petitioner has already retired on 30th September, 2011 and pursuant to that his retiral benefits and consequential benefits have already been released. 5. At this juncture, learned counsel appearing for the petitioner submits that following retiral benefits, mentioned in paragraph 13 of the supplementary affidavit, are need to be paid to the petitioner :- (i) Salary dues from February, 2006 to October, 2011. (ii) Revised amount due on account of Provident Fund as the same has been paid basing upon 22% Dearness Allowance even when the said percentage ought to have been much higher than 22%. (iii) Gratuity amount till October, 2011. (iv) Leave Encashment amount equal to 10 months wages. (v) Notice pay on retirement which is equal to one month’s salary. (vi) Settling Allowance. (vii) One way train fare in the Entitled Class for family members. (viii) Transportation and packing charges on house hold materials. (iii) Gratuity amount till October, 2011. (iv) Leave Encashment amount equal to 10 months wages. (v) Notice pay on retirement which is equal to one month’s salary. (vi) Settling Allowance. (vii) One way train fare in the Entitled Class for family members. (viii) Transportation and packing charges on house hold materials. (ix) Due LTC and LLTC for the period 1996 to October, 2011. (x) Arrears of Central Dearness Allowance since January, 1996. (xi) Fifth Pay Commission revise wage arrears. (xii) Medical Expenses (xiii) Promotion Benefits for the post of Section Officer (2006) and Assistant Manager (Finance in 2009). (xiv) Difference of wages /PF/ Gratuity and consequential benefits based on promotion given on the post of Section Officer (2006) and Assistant Manager (Finance, 2009). (xv) 18% in the entire claimed amount. (xvi) Release of pension amount. (xvii) Amount due on account of backlog wages as the same has been paid less. (xviii) Release of security amount to the tune of Rs. 4,000/- deposited in HSCL Co-Operative Credit Society. 6. On the other hand, learned counsel appearing for the respondents, on the basis of paragraph 12 and 13 of the supplementary counter affidavit submits that certain such amount have been paid and certain dues are not paid due to reason assigned therein. He submits that following payments have been released to the petitioner after his superannuation, as mentioned in paragraph 12 of the supplementary counter affidavit:- (a) Provident fund settlement was made vide Cheque No.151196 dated 19.10.2011 for Rs. 4,16,049. (b) Interest has been paid upon declaration of interest by PF Trust Board vide cheque no. 946694 dated 21.04.2015 for Rs. 21,528/-. (c) As the DA was frozen @ 22% of the basic pay, his final settlement of provident fund was made on the basis of said DA. (d) As regards gratuity, HSCL has issued an office order on 10.02.2017 sanctioning the gratuity amount to the Petitioner. 7. He further submits that some amount claimed by the petitioner was not paid due to the following reasons, as mentioned in paragraph 13 of the supplementary counter affidavit :- (a) The Petitioner is not entitled to Notice Pay as per the extant rules. 7. He further submits that some amount claimed by the petitioner was not paid due to the following reasons, as mentioned in paragraph 13 of the supplementary counter affidavit :- (a) The Petitioner is not entitled to Notice Pay as per the extant rules. (b) The Petitioner is not entitled to Settling Allowance, one way train fare in the entitled class for family members and Transportation and packaging charges on house hold materials as in because the Petitioner has not submitted his claims under these heads with supporting documents. It is further submitted that as per rules of HSCL, such claims are to be made within 6 months period from the date of retirement of an employee, which has not been done by the Petitioner. (c) Dues of LTC and LLTC are not payable to the Petitioner in view of the conditions of restructuring package dated 14.07.1999. (d) No arrears of Dearness Allowance are payable to the Petitioner as the same has been frozen under the said restructuring package dated 14.07.1999. (e) Petitioner has been paid the benefits of the recommendation of 5th pay commission w.e.f. 01.01.1998 till 17.02.2006 and as such, he is not entitled any other benefits on this account. (f) No Medical Expenses are payable to the Petitioner as he has not performed any duty since 18.02.2006. (g) No Promotional Benefits and consequential arrears/difference of wages are payable to the Petitioner as the petitioner did not perform his duties since 18.02.2006. (h) No interest is payable to the Petitioner as there has been no wilful delay on part of the Respondents in releasing the admissible benefits of the Petitioner. Moreover, HSCL is under a precarious financial condition and is under process of restructuring. (i) As regards Pension, the Petitioner has yet not completed the requisite paper work for the same and as soon as the Petitioner submits the requisite documents/forms in this regard, the Respondents will forward the pension claims paper to the RPFC, WB, Kolkata, which is the statutory authority for grant of pension. In this regard, a reminder has been issued to the Petitioner on 08.02.2017. (j) No backlog wages are due and payable to the Petitioner. (k) Respondents are not liable for payments of dues of the Cooperative Credit Society, as the same is a separate entity and amounts due in this account has to be claimed directly from the Society concerned. 8. (j) No backlog wages are due and payable to the Petitioner. (k) Respondents are not liable for payments of dues of the Cooperative Credit Society, as the same is a separate entity and amounts due in this account has to be claimed directly from the Society concerned. 8. As certain amounts have been disputed in this writ petition, this Court is not in a position to pass any positive direction at this juncture and accordingly the petitioner is directed to file a fresh representation before the respondent authorities who, in turn, will decide the claim of the petitioner and will pass a speaking order in that regard with a communication to the petitioner within a period of six weeks from the date of receipt/production of a copy of this order. 9. Accordingly, this writ petition stands disposed of. Consequently, I.A. No.686 of 2008 and I.A. No. 705 of 2011 also stand disposed of.