The court mandates timely processing and payment of retiral benefits by the authorities while allowing the petitioner to submit necessary representations.

JUDGMENT :

(ANANDA SEN, J.)

No one appears for the State.

1. The petitioner in this writ application has prayed for the following relief: -

For issuance of a writ in the nature of mandamus or any other writ(s)/order(s)/direction(s) commanding upon the respondents to pay retiral dues including gratuity, leave encashment benefits of Modified Assured Career Progression Scheme with interest @ 10% per annum and within a specified period; and/or for issuance of any such writ(s)/order(s)/direction(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and for doing conscionable justice to the petitioner.

2. His claim is in respect of M.A.C.P. leave encashment and other retiral benefits.

3. Though, the State has not filed counter affidavit, the Accountant General has filed a counter affidavit stating that they have not received any documents from the State to enable them to pay the pension and gratuity, no sooner the State forwards the documents, they will do the needful and ensure payment. So far as M.A.C.P. and leave encashment is concerned, it is the stand of the Accountant General that it is the employer who has to grant the aforesaid benefits.

4. Considering the aforesaid fact, I direct the petitioner to file a representation claiming M.A.C.P. and leave encashment. He will also file a separate representation claiming pension and gratuity. He will also fill up the necessary forms online/offline if necessary.

5. Once the representation is filed, the claim of the petitioner for grant of M.A.C.P. will be considered and if necessary to place this case before any committee, the same will be placed.

6. So far as leave encashment is concerned a decision should be taken by the authority concerned as to whether the petitioner is entitled for the same or not and if he is entitled, the same should be provided.

7. So far as the pension and gratuity is concerned the employer is directed to complete all the formalities and forward the document to the Accountant General.

8. This representation will be filed before the Deputy Commissioner, Chatra within four weeks from today. On receipt of the said representation the respondent no.2 will decide the claim of the petitioner within four weeks thereafter and will ensure payment of the dues. Within that aforesaid time, he will forward all the necessary documents to the Accountant General. He will also take a decision within the aforesaid period in respect of M.A.C.P. and leave encashment and will pay the same if payable. If any part of the claim of the petitioner is turned down/rejected, the reasons thereof should be communicated to the petitioner within the aforesaid period.

9. With the aforesaid observation and direction this writ application stands disposed of.