ORDER
S.J. Mukhopadhaya, J.
1. This writ application has been preferred by the petitioner for a direction on the respondents to pay him the total retiral benefits, such as, pension, gratuity, leave encashment, GPF, and other dues, to which he is entitled.
2. According to the petitioner, he was in the services of the State and retired from the post of Junior Engineer on 31st May, 2004, while posted in National Highways Division-I, Dhanbad. According to him, at the time of superannuation, one Mr. Narendra Prasad Singh, Junior Engineer, National Highways Division, Mahuda, Dhanbad, was asked to take charge from the petitioner. It is alleged that inspite of repeated orders and direction, given by the higher authorities, said Sri Narendra Prasad Singh did not take charge from the petitioner, as a result of which, ‘No Objection’ having not been issued, the petitioner has not been paid the retiral benefits since last one year.
3. Having heard learned counsel for the parties, as I find that the matter requires determination firstly by the respondents, instead of asking them to file counter-affidavit, the case is remitted with a direction to the Chief Engineer, Road Construction Department, National Highways, Govt. of Jharkhand, Ranchi, as also the Executive Engineer, National Highways Division, Dhanbad, who will look into the matter and will take appropriate steps and will ask some person to take charge from the petitioner, if so required, within one month from the date of receipt/production of a copy of this order. The petitioner will file a detailed representation before the Commissioner-cum-Secretary, Road Construction Department, Govt. of Jharkhand, Ranchi, who, in his turn, will determine the question of payment of retiral benefits, including other dues, to which he is entitled and will also supervise the matter, relating to handing over the charge, if so required.
4. If any amount is found payable to the petitioner towards the retiral benefits and/or any other dues, the respondents will pay the admitted dues within three months from the date of receipt of representation, failing which they will be liable to pay interest at the rate of 5% per annum on the admitted dues from the date the petitioner retired from service till the date the amount is paid.
5. At the time of handing over the charge, if it is found that there is loss of some materials or State exchequer, it will be open to the authorities to adjust the amount from the death-cum-retiral benefits of the petitioner, after due limitation to him. Further, if one or other authority disputes any claim, he will communicate the ground to the petitioner.
6. It is made clear that the petitioner should cooperate in the matter of handing over he charge and for that he must report the Executive Engineer, National Highways Division, Dhanbad, within fifteen days so that the said officer may fix a date for handing over the charge to a particular officer.
7. It is further made clear that if some officer, who is asked to take charge from the petitioner, fails to do so, the Secretary, Road Construction Department, may take steps for suspension of such erring officer and for initiation of a departmental proceeding against him.
8. The writ petition stands disposed of with the aforesaid observations and directions.