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2008 DIGILAW 382 (JHR)

Narayan Chandra Mandal v. State Of Jharkhand

2008-04-01

N.N.TIWARI

body2008
ORDER N.N. Tiwari, J. 1. In this writ petition the petitioner has prayed for a direction on the respondents to pay the arrears of his retiral benefits such as final pension, the amount of leave encashment and the arrears of other retiral benefits payable to the petitioner with statutory interest. It has been stated that the petitioner retired on attaining the age of superannuation from the post of Headmaster from Primary School, Simalkaunda, Kundhait Circle, Jamtara. Thereafter, the petitioner had submitted all his papers for sanction of pension and other benefits. But in spite of submissions of all the requisite papers, final pension has not been paid to him. The amount of leave encashment was also not paid to the petitioner. He filed several representations, but the same was also not considered. Thereafter, the petitioner filed this writ petition. After hearing the parties, by order dated 5.11.2007 this Court had passed a specific order directing the District Superintendent of Education, Jamtara to take appropriate steps for finalizing the pension paper of the petitioner and sending the same to the Office of the Accountant General. The said respondent was also directed to pay the provisional pension in the meanwhile. The case was fixed for further hearing on 8.1.2008. It was directed that if the District Superintendent of Education does not comply with the said order, he shall be personally present before this Court to explain his conduct. 2. When the matter was taken up on 26.3.2008, Mr. K.K. Jhunjhunwala, learned G.P.-III, prayed for further time so that the District Superintendent of Education, Jamtara can appear before this Court on the next date. Accordingly, at his request the next date was fixed on 1.4.2008. 3. Today, Vishwanath Ram, DSE, Jamtara appeared in person this Court and! submitted that in fact the petitioners pension was finalized long back in the year 2005 and the office tried to communicate the said order to the petitioner, but he could not be made available. It has been stated that the amount of leave encashment has already been deposited and the petitioner is at liberty to withdraw the said amount. 4. He further submitted that at his end everything has been done and now the treasury has to pay the entire arrears of pension as well as the current pension. It has been stated that the amount of leave encashment has already been deposited and the petitioner is at liberty to withdraw the said amount. 4. He further submitted that at his end everything has been done and now the treasury has to pay the entire arrears of pension as well as the current pension. The petitioner can approach the Treasury Officer, Jamtara and get the arrears of pension as well as the current pension. 5. Considering the above and without going into the controversy as to who was responsible for causing such inordinate delay in finalizing the petitioners pension, this writ petition is disposed of directing the Treasury Officer, Jamtara to pay the arrears of the petitioners pension within a period of three weeks from the date of receipt/production of a copy of this order. Since the amount of leave encashment has already been deposited before the Lok Adalat and the same is lying in the office of the Jharkhand State Legal Services Authority, Ranchi, the petitioner is at liberty to go there and collect the cheque. If the petitioner has, thereafter, any grievance or any due, according to him, is still payable, he shall file representation before the DSE, Jamtara regarding his claim, who on receipt of such representation, shall consider the same and pass appropriate order in accordance with law within a period of six weeks from the date of receipt/production of a copy of this order communicating the same by R/P with A/D to the petitioner. If the admitted arrear(s) of the petitioner is/are not paid within the said period, he shall be entitled to get interest @ 10% per annum till final payment in addition to the statutory interest payable on delayed payment of such dues. 6. The personal appearance of the DSE, Jamtara is dispensed with.