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2008 DIGILAW 512 (JHR)

Bhola Jha v. State of Bihar

2008-04-30

N.N.TIWARI

body2008
Order In this writ petition the petitioner has prayed for a direction on the respondents to pay the amount of Gratuity and Provident Fund dues for the period from June 1978 to March 1980. It has been stated that the petitioner retired from the service of the respondents on 30.6.96. After his retirement, the petitioner was entitled to get his pensionary benefits and other service terminal benefits, but the same were not paid to the petitioner. Thereafter, the petitioner had moved this Court in C.W.J.C. No. 1600/2001. By order dated 23.4.2001, the said writ petition was disposed of remitting the matter to the Managing Director, Bihar State Housing Board, Patna to determine the claims of the petitioner relating to Pension, Gratuity, Provident Fund and to pay the admitted dues. It has been stated that the petitioner, thereafter, was paid the amounts of Provident Fund in part, leave encashment and other retiral benefits. The pension has also been fixed and is being paid, but the amounts of Gratuity and Provident Fund for the said period have not been paid to the petitioner till date. The Managing Director, Bihar State Housing Board, Patna, who was directed to determine the petitioner's claim of Gratuity, has not determined the same and by order dated 18.1.03 the petitioner's claim of Gratuity has been denied observing that the scheme of Gratuity was not applicable to the employees of the Board before 19.4.1999 and as such the petitioner is not entitled to get the amount of Gratuity. 2. Mr. P.K. Prasad, learned counsel appearing on behalf of the petitioner, submitted that the petitioner's claim of Gratuity has been rejected on frivolous ground without any legal basis. The petitioner's pension and other retiral benefits have been paid by the Board after the direction of this Court in the earlier writ petition. Pension includes the Gratuity. When the pension has been paid, there is no justification for denying the amount of Gratuity. No basis has been shown for denial of the said claim of the petitioner. 3. Mr. V.K. Prasad, learned counsel appearing on behalf of the respondents- Board, submitted that since the scheme was not applicable before 19.4.1999, the petitioner is not entitled to get Gratuity. 4. No basis has been shown for denial of the said claim of the petitioner. 3. Mr. V.K. Prasad, learned counsel appearing on behalf of the respondents- Board, submitted that since the scheme was not applicable before 19.4.1999, the petitioner is not entitled to get Gratuity. 4. Though the said statements have been made in the impugned letter and also in the counter affidavit, no legal provision or anything has been brought before this Court to show as to how a person, who has been paid pension, can be deprived of the benefit of Gratuity. 5. I have heard learned counsel for the parties and considered their submissions. It is admitted fact that the petitioner has been paid all the retiral benefits by the respondents-Board. The petitioner has also been paid pension. Rule 27 of the Bihar Pension Rules, 1950 clearly defines pension, which includes the Gratuity. When the pension is being paid by the Board, there is no justification for withholding the Gratuity. No legal provision has been brought before this Court to justify the refusal of the said claim of the petitioner which comes within the definition of pension, which is being paid to the petitioner. 6. Considering the above, the Chairman-cum-Managing Director, Bihar State Housing Board, Patna (respondent No.4) is directed to pay the petitioner's amount of Gratuity with statutory interest payable on delayed payment of such dues within a period of four weeks from the date of receipt/production of a copy of this order. 7. So far as the grievance of nonpayment of the Provident Fund dues for the period from June 1978 to March 1980 is concerned, the petitioner is given liberty to file representation, showing the contributions made by him towards the G.P.F. before the District Provident Fund Officer, Jamshedlpur, East Singhbhum. Such representation showing the payment of contribution during the said period shall be considered and disposed of in accordance with law. If the contribution for the said period is found deposited by the petitioner, the amount of Provident Fund payable to the petitioner for the said period shall be paid to him within a period of four weeks from the date of receipt of the said representation. If the contribution for the said period is found deposited by the petitioner, the amount of Provident Fund payable to the petitioner for the said period shall be paid to him within a period of four weeks from the date of receipt of the said representation. In case the District Provident Fund Officer finds any difficulty in payment of the amount of Provident Fund, he shall pass a reasoned order and serve a copy of the same on the petitioner within' the said period. If the amount(s) found payable to the petitioner is/are not paid within the said period, the petitioner 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. 8. This writ petition is accordingly disposed of.