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Judgment
D.N. Patel
Counsel for the petitioner submitted that petitioner has retired on 31st May, 2009, but a sizable amount of retiral benefits and gratuity, etc have not been paid to him. Therefore, the present petition has been preferred. Moreover, in a departmental proceeding, a punishment was awarded after the retirement and the appeal is pending before respondent No.3. Therefore, a suitable direction may be given to respondent No.3 to finalise the departmental appeal within a stipulated time and thereafter a direction may be given to respondent No.4 to finalise the retiral benefits legally payable to the petitioner and he may also be further directed to send the necessary papers including the service book to respondent No.2, who is Accountant General, Ranchi so that a final amount of pension and gratuity may be determined by respondent No.2
Counsel for the respondents have no objection if this direction is given to decide the departmental appeal in accordance with law within a stipulated time and and also to finalise the retiral benefits by respondent No.4 as well as by respondent No.2.
In view of this limited submission, I hereby direct respondent No.3 to finally decide the departmental appeal preferred by the petitioner within a period of four weeks from the date of receipt of a copy of this order in accordance with law, rules, regulations, policies and Government enforceable orders, applicable to the petitioner, after giving adequate opportunity of being heard to the petitioner or to his representatives. Counsel for the petitioner shall cooperate with the departmental appeal proceeding and will not asked for any unnecessary adjournment.
I further direct respondent No.4 to decide the retiral benefits of the present petitioner within a period of 12 weeks from the date of receipt of a copy of this order in accordance with law, rules, regulations, policies and Government enforceable orders, applicable to the petitioner as expeditiously as possible and practicable. I also direct respondent No.4 to send the necessary papers including the service book to respondent No.2 for final fixation of pension as well as gratuity legally payable to the petitioner. The papers will be sent by respondent No.4 within a period of one week upon determination of retiral benefits which are legally payable to the petitioner.
In view of the above directions, this writ petition is disposed of.