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1991 DIGILAW 202 (PAT)

Hari Pada Tiwari v. State of Bihar

1991-05-01

R.N.SAHAY, S.B.SANYAL

body1991
By Court Heard learned counsel for the petitioner, learned Govt. Advocate and Mrs. Pal, Standing Counsel for the Central Govt. 2. The petitioner has retried from service on 1.5.1987. His post-retirement benefits have not yet been paid, inasmuch as he has not been paid his provident fund, but has been paid provisional pension at the rate of 75 per cent up to June, 1989, and also provisional gratuity. He knocked the door of this Court three years after retirement to ensure payment of his post-retirement benefits. This Court issued notice to the respondent 4 and 5 on 9.8.1990 and from time to time passed orders directing payment, the last order being 7.3. 1991. 3. The District Provident officer, Chaibassa (respondent No. 5) has appeared and filed a counter-affidavit, saying that be has not received any paper from the Circle Officer. Chandil, who has to send paper for the period after 1.4.1982 and the Accountant General Bihar. Patna (respondent No. 4) who bas to furnish papers up to 31st March. 1982, and, therefore, he has not been able to finalise the payments to be made to the petitioner. Prom perusal of Annexure 'A' to the counter-affidavit, we find that the District Provident Fund Officer, Chaibassa (respondent No. 5) bas sent a letter to the Accountant General to send the balance amount outstanding in the provident fund account of the petitioner. 4. Having considered the arguments of learned counsel for the parties as well as of perusal of the orders passed by this Court from time to time a shocking state of affairs appear to have gripped the office of the Accountant General and the District Provident Fund Officer, resulting in hundred of post retirements benefit cases languishing for relief in this Court. Some where person retired has died and the widow is pursuing for payment of arrears of pension and for fixation of family pension. There are some States in our country where pension papers are handed over to employees retiring on the date of retirement itself, and that is what is desired. The law envisages that within three months from the date of retirement, all postretirement benefits must be settled. 5. The instant case a shows that four years have lapsed since the petitioner has retired and he has to spend large sums of money in pursuing litigation for recovery of legitimate dues. The law envisages that within three months from the date of retirement, all postretirement benefits must be settled. 5. The instant case a shows that four years have lapsed since the petitioner has retired and he has to spend large sums of money in pursuing litigation for recovery of legitimate dues. Having considered all aspects of the matter we direct respondent 3 to 6 to ensure payment of all dues of the petitioner within three months from today with 25 per cent interest from the date of his retirement till actual payment. The penal interest that this Court has directed to be paid to the petitioner would be recovered from the salary of those officers who are found responsible for the delay in making payment and the same will be apportioned between the aforesaid respondents to the extent of their responsibility in dealing with the matter we are told that that Deputy Commissioner Singhbhum (West), Chaibassa (respondent No. 2), is holding up a sum of Rs. 500/-which the petitioner had deposited at the time of his entry in service. That amount should also be paid with 25 per cent interest from the date of retirement of the petitioner till payment is made to him and the interest on the said sum of Rs. 500/- wilt be realised from the salary of the respondent No.2. This writ application is, accordingly, disposed of. 6. The public Exchequer can not be asked to bear the burden of the lapses and inaction of the officers concerned to discharge their duties enjoined in law. If the Assistants attached to the office of these officers are responsible, they should be identified by them and it should be open to the State Government to make them as well responsible to bear this additional burden. 7. Let a copy of this order be forwarded to the Chief Secretary for his information and doing the needful by realising the excess payment from the concerned officers after making due enquiry. 8. Let a copy of this order be handed over to Mrs. Pal for communication to all officers, including the Chief Secretary. Application disposed with direction.