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2004 DIGILAW 62 (MP)

Shivkumari Dubey v. State of M. P.

2004-01-22

DIPAK MISRA

body2004
Judgment ( 1. ) DOES the factual score of this case gives rise to a feeling, the petitioner Smt. Shivkumari Dubey, a sectogenerian has spoken too much in the line of thinking the lady speaketh too much, or has she in an innocuous, innocent, non-inhibited and non-reflective manner has exposed the indifferent, inhuman, non-concern, hibernative proclivity, unceremonial delineation of the legitimate and lawful expectation of a retired person by the authorities by which the hope of a retired employee to get the retiral benefit, pronto gets crucified and the life and the essence of life is converted by such inaction to the shadow of life ? Stories may state that as long as shadow exists life may continue but in reality the shadow of life is not the substitution of life. Life, a glorious and magnificent gift of God, the Almighty, is not to be dealt with in such an inglorious manner by the persons who are in the helm of affairs as the files relating to retiral dues can not be metamorphosed to a cushion, a pad, to be utilised at ones own will, desire, whims, caprice or fancy. It requires immediate attention and prompt action and quick disposal. ( 2. ) SUBMISSION of Mr. Komal Patel, learned Counsel for the petitioner if zeroed, boils down to the factum that though the petitioner retired on 31-3-1994 from the post of Lady Health Inspector, the respondent chose to maintain a sphinx like silence conceiving the notion that silence is always golden and blissful totally being oblivious of the fact that a retired employee was not getting any amount and, therefore, she was at the mercy of his family members to which she was at loath to be. When nothing concrete happened despite the approaches made and all efforts remained unfructified the petitioner having no other option knocked at the doors of the M. P. Administrative Tribunal (in short the Tribunal) under Section 19 of the Administrative Tribunals Act, 1985 for grant of retiral benefits. The Tribunal by an interim order dated 23-4-1998 commanded the respondents to clear the retiral dues or to show-cause. After the order of the Tribunal the deep and undisturbed slumber of the respondents melted into slow awakening and file relating to the retiral benefits of the petitioner started moving. There was no great momentum, yet there was a move. The Tribunal by an interim order dated 23-4-1998 commanded the respondents to clear the retiral dues or to show-cause. After the order of the Tribunal the deep and undisturbed slumber of the respondents melted into slow awakening and file relating to the retiral benefits of the petitioner started moving. There was no great momentum, yet there was a move. Such movement ultimately got its realisation when the petitioner was extended the benefit of her legal dues. It is noteworthy to state here that in the return in an ingenuous and adroit manner the total blame has been put on the petitioner as if she had committed an unpardonable blunder. A ground has been taken that the petitioner applied for GPF in the year 1998 vide Annexure R-3. When the said Annexure was confronted to Mr. Rahul Jain, learned Counsel for the State he has fairly stated that it has nothing to do with the application of the petitioner. The guise and maladroit attempts have not been able to cover the languorous conception of the respondents but in a way has exposed that they attempted to make the petitioner appear as if she had committed a blasphemy. In fact they themselves have landed in a pool of boiled water wherefrom the escape route is invisible. The fault, as is seen, squarely lies with the respondents. When a person attains the age of retirement and there is nothing against him, the employee legitimately expects that his/her dues be finalised within a reasonable period of time but action taken by the concerned department clearly reflects as inexcusable apathy, unexplainable non-empathy and attitude of non-botheration as if the fate of a retired person is dealt with by them without any kind of feeling. The absence of feeling of the competent authorities projects as if they are concerned with autumn leaves. This unhealthy attitude is totally intolerable and inappreciable both on legal enunciation as well as factual exposition. ( 3. ) MR. Komal Patel, learned Counsel for the petitioner has brought to the notice of this Court Rule 57 of the M. P. Civil Services (Pension) Rules, 1976. The said rule reads as under :- " 57. This unhealthy attitude is totally intolerable and inappreciable both on legal enunciation as well as factual exposition. ( 3. ) MR. Komal Patel, learned Counsel for the petitioner has brought to the notice of this Court Rule 57 of the M. P. Civil Services (Pension) Rules, 1976. The said rule reads as under :- " 57. Preparation of pension papers.-- (1) Every Head of Office shall undertake the work of preparing pension papers in Form 6 two years before the date on which a Government servant is due to retire on superannuation, or on the date on which he proceeds on leave preparatory to retirement whichever is earlier. " ( 4. ) SUBMISSION of Mr. Patel is that the same being the command of the Rules any deviancy shown by the respondents can only be compared with the cruel and recalcitrant attitude of the authorities who for no rhyme or reason, pave the path of procrastination. Mr. Rahul Jain, learned Counsel for the State could only submit that the fault lies with the petitioner but he can not combat the situation that everything moved when the Tribunal passed the interim order. The whole action, if I am permitted to say, definitely frescoes a picture creating a cyclorama to project that sitting over the matter is neither legally incorrect or unsound or morally improper or ethically unwarranted. This kind of propensity on the part of the authorities deserves to be condemned and accordingly it is deprecated. This Court hopes the authorities would act as per the Rules and the cases of the retired employees shall be dealt with in total adherence to the Rules. Rules are made to be followed and not to be thrown in the Bay of Bengal. A retired employee may have some kind of patience but certainly it can not be expected that he would have the Himalayan patience, tranquility of the pacific ocean and jobs fortitude. Turbulence has to end at one point of time. Sooner the authorities realise and act in accordance with the Rules and take prompt steps it would be a welcome step in a welfare State. Let new paradigm be written to be followed by the officers who have felt that these kind of cases are to be dealt with in a relaxed manner. Relaxation in this regard, as I have stated above, does not commend appreciation. Let new paradigm be written to be followed by the officers who have felt that these kind of cases are to be dealt with in a relaxed manner. Relaxation in this regard, as I have stated above, does not commend appreciation. As there is no factual dispute in regard to the controversy but there is delay, which is clear as day, on the part of the respondents I am inclined to direct that the petitioner shall be entitled to interest at the rate of 9% from 1-7-1994 till the date of final payment. The aforesaid amount shall be computed and paid to the petitioner within a period of one month from the date of receipt of the order passed today. ( 5. ) THE writ petition is allowed to the extent indicated above without any order as to costs.