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2020 DIGILAW 602 (JHR)

Sudhir Chandra Saha v. State of Jharkhand

2020-06-16

DEEPAK ROSHAN

body2020
JUDGMENT : Heard learned counsel for the parties through V.C. 2. The instant writ application has been preferred for a direction upon the respondents to pay interest @ 12% on delayed payment of retiral dues including pension which was released on 05.08.2015 though the petitioner retired on 31.07.2009. 3. From perusal of the writ application, it appears that the petitioner had earlier moved before this Court by filing writ application being W.P.(S) No.5672 of 2014, which was disposed of vide order dated 24.08.2015. Operative portion of the aforesaid order is quoted herein below:- “Taking into account the aforesaid facts pleaded and the submissions made on behalf of the parties, the writ petition is disposed of, without making any comments upon the claim of the petitioner by allowing him to approach the respondent no.3, District Superintendent of Education, Godda for redressal of the aforesaid grievance. The respondent no.3 would examine the petitioner’s records on his appearance through a representation to ascertain the outstanding amount due against him and on his readiness as indicated hereinabove would adjust the same and issue No Objection Certificate for the purposes of release of admissible pension to him. A decision be also taken in respect of claim of arrear of salary of May, 2009 as also for the period of medical leave said to have been sanctioned vide Annexure-4 within a period of 12 weeks from the date of receipt/production of a copy of this order. Needless to say that upon issuance of such No Objection Certificate, petitioner would approach the concerned Treasury Officer/Bank for release of the admissible pension, in accordance with law within a reasonable period preferably 4 weeks thereafter.” From perusal of the aforesaid order it appears that this Court did not observe anything on interest and it appears that the grievance of the petitioner has been redressed before passing of this order and he received the due amount payable to him. 4. In this view of the matter, I dispose of this application by giving liberty to the petitioner to file a fresh representation before the respondent no.3 for payment of interest. 4. In this view of the matter, I dispose of this application by giving liberty to the petitioner to file a fresh representation before the respondent no.3 for payment of interest. If any such representation is filed, the respondent no.3 shall dispose of the same and pass a reasoned order within a period of twelve weeks from the date of receipt of such representation in accordance with law, rules and regulation and also keeping in mind that the retiral dues including pension of the petitioner was released on 05.08.2015 though he retired on 31.07.2009 itself. It is made clear that if any amount is found payable, the same shall be paid to the petitioner within eight weeks thereafter. 5. With the aforesaid directions, this writ application stands disposed of.