B.B. MANGALMURTI, J.

1. This appeal arises out of the order dated 5th January, 2017 passed in W.P. (S) No.6501 of 2011 by which the prayer of appellant was rejected. In the writ application, prayers of appellant were to fix his pension taking into account his correct length of service and to pay the arrears of first, second and third financial up-gradation under scheme of Assured Carrier Progression and consequently claimed arrears of pension, post retiral benefits with statutory and penal interest.

2. The short fact of the case is that the appellant was appointed and joined as Chain-Man (Janjir Wahak) on 30th July, 1974 and thereafter he was appointed and joined as Junior Account Clerk on 9th March, 1980 in Rural Works Department (previously known as Rural Engineering Organization) at Jamshedpur Division, East Singhbhum. After rendering long length of service, he superannuated on 31st December, 2006 as Accounts Clerk from Jamshedpur Division of Rural Works Department. The respondents settled his pensionary benefits by paying his Government Provident Fund, Group Insurance amount, part of gratuity as per 5th Pay Revision Commission (old scale) and part of leave encashment as