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Jharkhand High Court · body

2009 DIGILAW 1214 (JHR)

Dina Nath Sahay v. State of Jharkhand

2009-08-28

D.G.R.PATNAIK

body2009
Order Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The petitioner has retired from the post of Accountant on 31 .8.1999 from the Doranda Treasury, Doranda (Ranchi) under the respondents. 3. Post retirement benefits having not been paid to him, he filed CWJC No. 291 of 2000(R). 4. Pursuant to the order passed in the aforesaid writ petition, the respondents fixed 90 per cent pension and gratuity and released the payment to the petitioner. However, 10% pension and gratuity amount was withheld on the ground that departmental proceeding and criminal proceedings were pending against the petitioner. 5. The petitioner has filed this writ petition for direction to the respondents to release the balance amount of pension and retiral benefits alongwith interest at the rate of 18% per annum from the date of entitlement till final payment. 6. No counter affidavit has been filed on behalf of the respondent State, though learned counsel for the respondent State is present. 7. Mr. S. Srivastava, learned counsel for the Accountant General, Jharkhand (respondent no. 4) is present and submits that as it appears from the statement of the petitioner himself, 90% of pension and gratuity amount has been released to him and the balance 10 per cent has been withheld on account of the pendency of the departmental proceeding and the criminal proceedings. The office of the Accountant General, Jharkhand, though requested the respondent Director of the Treasury-cum-Joint Secretary, Finance, by order dated 31.12.2007 to issue the sanction order for release of payment of the balance amount towards pension and gratuity of the petitioner but till date, no response has been received from the office of the respondent no. 2. 8. It is by now well settled, even by a recent Full Bench judgment of this Court in the case of Dr. Dudh Nath Pandey vs. State of Jharkhand & Others [2007(4) JCR 1 (Jhr.)(FB)] that payment of pension and gratuity cannot be withheld on the ground that departmental proceeding and criminal proceeding are pending. 9. Having considered the fact that the petitioner retired in the month of August, 1999 and even till date, the purported departmental proceedings and criminal proceedings have not concluded, payment of gratuity and pension amount cannot be withheld for an indefinite period merely on the ground that the proceedings are pending. 10. 9. Having considered the fact that the petitioner retired in the month of August, 1999 and even till date, the purported departmental proceedings and criminal proceedings have not concluded, payment of gratuity and pension amount cannot be withheld for an indefinite period merely on the ground that the proceedings are pending. 10. In view of the above facts and circumstances, respondent no. 2 is directed to forward within two weeks from the date of receipt/production of a copy of this order, the letter of sanction for payment of the balance amount of pension and gratuity payable to the petitioner to the office of the respondent no. 4 and within one month from the date of receipt of such letter, the respondent no. 4 shall ensure that the corresponding authority is issued from his office in favour of the petitioner to enable him to obtain payment of the balance amount of pension and gratuity. If the order is not complied by the respondent no. 2 within the period Stipulated above, then the amount payable to the petitioner shall carry interest at the rate of nine per cent per annum from the date of payment till final payment. The respondent no. 2 shall also issue requisite sanction for payment of arrears of pension payable to the petitioner for the period which has not been paid. Such payments of pension and gratuity shall be subject to the outcome of the departmental proceedings, criminal proceedings as also the appeal preferred, if any, by the State Government against the judgment passed in the case of Dr. Dudh Nath Pandey (supra). 11. With the above observations, this application is disposed of.