JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Learned counsel for the parties are present.

2. This writ petition has been filed for the following reliefs:

“1. For direction to the Respondents to make payment of retiral dues such as Gratuity, Leave Encashment, GPF, Group Insurance as well as other legally admitted dues fixing final pension of the petitioner with penal interest @ 18% per annum apart from statutory interest from the date of retirement till the date of respective payment as per the settled principles of law laid down by Hon’ble Apex Court in case of Vijay L. Mehrotra vs. State of U.P. and Others, (2001) 9 SCC 687 (Annexure-10) and in case of D.D. Tewari through LRs. vs. Uttar Haryana Bijli Vitran Nigam Ltd. 2014 (6) Supreme 382 (Annexure-11).

For quashing of the Letter No. 341 dated 24.01.2018 issued by the Resp. No. 3, by which the petitioner joined in Welfare Department Branch Secretariat, Ranchi on 06.11.1981 and working on the said post till retirement on 31.01.2018 having unblemished service record of more than 36 years in Welfare Department after allocation of Jharkhand Cadre during bifurcation of State, has been shown relieved for joining in the office of Settlement Officer, Ranchi in most illegal and arbitrary manner.”

3. During the pendency of this writ petition the petitioner had filed one interlocutory application being I.A. No. 6954 of 2022 for challenging the order contained in memo No. 341 dated 24.01.2018 whereby the petitioner was repatriated from the Welfare Department to the office of Assistant Settlement Officer, (Headquarter), Ranchi. The same was allowed vide order dated 10.10.2022.

4. It has been stated in I.A. No. 6954 of 2022 that aforesaid letter dated 24.01.2018 was never served upon the petitioner or the office of Assistant Settlement Officer, (Headquarter), Ranchi, prior to the retirement of the petitioner on 31.01.2018 and therefore the petitioner ultimately retired from the Welfare Department. An affidavit dated 29.09.2022 has been filed by the respondents mentioning therein that there is no specific record available in the department to show that the aforesaid letter dated 24.01.2018 was received by the petitioner or by the office of Assistant Settlement Officer, (Headquarter), Ranchi.

5. Thus, it is not in dispute that though the letter of repatriation dated 24.01.2018 was issued but the same was neither served upon the petitioner, nor served with the Assistant Settlement Officer, (Headquarter), Ranchi and consequently the petitioner did not join the office of Assistant Settlement Officer, (Headquarter), Ranchi and ultimately retired on 31.01.2018 and ultimately retired while working in the Welfare Department.

6. It is not in dispute and clearly mentioned in the counter affidavit also that initially the petitioner was appointed temporarily as ‘Draft man’ in the office of Settlement Officer, Ranchi vide order dated 01.06.1977 and was granted promotion to the post of ‘Moharrir’ w.e.f. 01.11.1978 where he worked till 05.11.1981. Thereafter, vide order dated 22.10.1981, issued under the signature of the then Joint Secretary to the Government, Department of Welfare, Government of Bihar, the petitioner was appointed by deputation on the post of Assistant with a condition that on account of posting of another assistant in his place by the Welfare Department, Patna, on the said post, the services of the petitioner shall be returned to the office of the Settlement Officer, Ranchi. It was also mentioned in the said letter that in case no such posting is made, taking into account the performance of the petitioner, consideration to include the name of the petitioner in the cadre of Assistant shall be made. In such circumstances, a request to the Departmental Secretary was made vide memo No. 149 dated 27.05.1999. However, no decision to that effect was received. It has further been stated in the counter affidavit that subsequently on account of reorganization of the State of Bihar, the services of the petitio