The petitioner, in this writ petition, has prayed for a direction on the respondents to pay the amounts of final pension, gratuity, leave encashment, group insurance, general provident fund and other retiral benefits, which are payable to the petitioner.

2. According to the petitioner, he retired as an Assistant Teacher as back as on 30th September, 2003. After his retirement, he was entitled to get his retiral benefits and other service terminal benefits, but till date the amounts of pension, gratuity, leave encashment, provident fund and group insurance have not been paid to him in spite of his repeated requests and representation.

3. A counter affidavit has been filed on behalf of the District Superintendent of Education, Gumla-Respondent no.5, stating, inter alia, that by letter dated 22nd September, 2008 the Drawing and Disbursing Officer, in reply to the petitioner’s claim, has reported that the petitioner was found absent from his duty since st August, 1997. It has been further stated that the petitioner was asked to produce the service book along with pension papers, but he has not produced the same.

4. In reply the petitioner has stated that the pension paper has been submitted long back in October, 2003. So far as the service book is concerned, the same is kept by the Drawing and Disbursing Officer and is not expected to be in possession of the petitioner. Regarding the allegation of absence from duty, he has stated that the petitioner was transferred to a place where there was no vacant post. Thereafter, he was kept on deputation without paying his salary. In order to cover the said illegal deprivation, the respondents have taken plea in their counter affidavit for the first time that the petitioner was absent from duty during that period.

5. I have heard learned counsel for the parties and perused the record. In order to justify the long delay in paying the retiral dues of the petitioner, the respondents have stated that some period of his service is in dispute. The said question has been admittedly raised by the Drawing and Disbursing Officer for the first time after five years of his retirement vide Annexure-A to the counter affidavit. There was no whisper of the petitioner’s long absence from duty during his service period.

6. No action whatsoever was taken for the alleged long absence of the petitioner from his duty either during his service period or for years together after his retirement. The said ground has been taken to justify the inordinate delay in making payment of the petitioner’s retiral dues.

7. Rule 43(b) of Jharkhand Pension Rules, 2000 provides that the State Government may withhold or withdraw the pension or any part of it, permanently or for a specified period, and they have right of ordering the recovery from pension of the whole or part of any pecuniary loss caused to the Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re-employment after retirement. The said Rule runs thus:

“43(b) The State Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct; or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re-employment after retirement:

Provided that-

(a) such departmental proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment;

(i) shall not be instituted save with the sanction of the State Government;

(ii) shall be in respect of an event which too