ORDER
S.J. Mukhopadhaya, J.
1. This writ petition has been preferred by the petitioner for direction on the Respondents to pay the retiral benefits, such as Group Insurance, Gratuity, provident fund, pension, as per the revision of pay as made by the State and other benefits like Bonus, salary for the period March to May. 1994; February. 1998, June to August. 1998; January to December, 1999.
2. The case of the petitioner is that he was appointed as V.L.W. (Jan Sewak) on 16th July. 1964 and was suspended for no reason on 26th March, 1994, which was subsequently revoked on 30th May. 1994. Though, the order of suspension was revoked, but salary of the intervening period was not paid to him.
3. Further case of the petitioner is that the petitioner though worked in the year 1998, but salary for the period February. 1998. June to August. 1998 was not paid for the reasons best known to the respondents. On 6th January, 1999, the petitioner was again suspended for no reason, which was again revoked by the Respondents on 7th December. 1999, but he was not paid either the subsistence allowance or the salary of the period aforesaid.
4. In the meantime, the petitioner stood retired from service on 30th October. 1999 having attained the age of superannuation.
5. It is not clear as to why the petitioner was suspended, nor it is clear as to whether any departmental proceeding was initiated against whim while in service or subsequently, under Rule 43(b) of the Bihar Pension Rules, 1950. Though, the petitioner retired from service on 30th October. 1999, but why the total benefits were not paid, is not clear.
6. In the counter-affidavit filed on behalf of Respondent Nos. 2 to 5, while it was stated that the entire post retiral benefits of the petitioner has been sanctioned and it has been withdrawn for payment by cheque, but the petitioner has refused to accept the same.
7. The following details have been shown
in Paragraph No. 4 to the counter-affidavit :
(i)
As the petitioner was under suspension at the time of retirement his subsistence
allowance for the month of January. 1999 to October. 1999 was sanctioned and
cheque No. 998496 for Rs. 38. 133.00 was issued on 27.5.2000 but the
petitioner did not accept the same.
Rs. 38,133.00
(ii)
For payment of Provi-sional gratuity amounting to Rs. 73,762/- cheque was issued
on 27.5.2000 which was not accepted.
Rs. 73,762.00
(iii)
Provisional Gratuity on new rate was sanctioned and a cheque of Rs. 60,809.00
was issued in favour of the petitioner which was not accepted by him.
Rs. 60,809.00
(iv)
Salary for the suspen-sion period amounting to Rs. 42,670/- was sanctioned
and cheque was issued on 27.5.2000 which was not accepted by the petitioner.
Rs. 42,670.00
(v)
Arrear pay for the month of Feb. 98 to August’ 98 amounting to Rs. 27.101/-
was sanctioned and cheque was issued.
Rs. 27,101.00
(vi)
Arrear pay for the period 26.3.94 to 31.5.94 was sanctioned and che-que of Rs.
4708 was issued but the petitioner did not accept the same.
Rs. 4,708.00
(vii)
Provisional pension (90%) from Nov. 99 to April. 2000 was sanc-tioned for
payment and cheque was Issued but the petitioner did not ac-cept the same.
Rs. 16,470.00
(viii)
Bonus for the period 98-99 was sanctioned and Rs. 2419.00 was ready for
payment.
Rs. 2,419.00
(ix)
Unutilised leave en-cashment amount for 205 days was calculated and Rs.
57,106.00 was sanctioned for payment. The amount was not accepted by the
petitioner.
Rs. 57,106.00
(x)
The G.P.F. was sanctioned and authority slips were Issued for Rs. 91.591 and
5548/- thus the total amount of Rs. 96.739 was withdrawn and cheque No,
799495 dated 10.6.2000 was iss-ued for payment but the petitioner refused to
accept the same,
Rs. 96,739.00
(xi)
Revised salary amounting to Rs. 358 has been sanctioned.
Rs. 358.00
Total :
Rs. 4,57,394.00
Thus the total retiral dues amounting to Rs. 4,59,774.00 has been sanctioned, after deducting UCO Bank’s Commission of Rs. 1380/- the total amount of Rs. 4,57.394.00 is ready for payment. The cheque is ready and the same is being submitted in the Court as the petitioner has refused to accept the same.
(xii) The final pension of the petitioner has been approved and the same has been sent to A.G. Bihar for issuing P.P.O. & G.P.O. vide letter No. 428 dated 8.6.2000.
8. In the facts and circumstances, this Court is not inclined to decide any claim, nor inclined to pass any specific direction for the present. The petitioner is directed to withdraw the total amount, as shown in the counter-affidavit. If the amount shown in the counter-affidavit is not withdrawn, the respondents will release it within 24 hours from the date the petitioner approaches the concerned officer. If the petitioner docs not approach the concerned officer, the respondents will send a demand draft in favour of petitioner after adjusting the commission for preparation of demand within one month.
9. If the petitioner disputes the quantum of payment, may represent the matter before the Deputy Commissioner. Deoghar who will decide the claim.
10. The writ petition stands disposed of.