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Jharkhand High Court · body

2009 DIGILAW 91 (JHR)

Narendra Prasad v. State of Jharkhand

2009-01-19

D.G.R.PATNAIK

body2009
Order Prayer in this writ application is for a direction upon the respondents to pay to the petitioner his full pension, arrears of pension and amount of leave encashment and gratuity alongwith the statutory interest. A further prayer has been made to provide to the petitioner the benefits of double Assured Career Progression, as the petitioner had completed 24 years of service way back on 4.8.1999 and thereafter to fix the petitioner's salary/pension and. pay the arrears of salary and pension according to the revised pay scale. 2. A counter-affidavit has been filed on behalf of the respondents. 3. Heard counsel for the petitioner and the counsel for the respondent-State. 4. Learned counsel for the petitioner submits that the petitioner was appointed as an Assistant Poultry Marketing Officer, Ramgarh, Hazaribagh under the respondents on 4.8.1975 and he had superannuated from service on 28.2.2007. Subsequent to his retirement, his pension papers were forwarded to the Government by his Controlling Officer on 5.4.2007 and supplementary thereto, was communicated to the concerned department of the Government on 28.5.2007. Statement in respect of the detailed Unutilized Earned Leave was also forwarded to the concerned authorities of the Government on 26.3.2007. In spite of the submission of all the relevant documents, the petitioner's pension was not fixed and therefore the petitioner had to file the instant writ application. During the pendency of this writ application, provisional pension has been fixed and 90% thereof has been released to the petitioner. However, arrears of pension during the period after retirement, till the fixation of the provisional pension, has not been paid to the petitioner and neither has he been paid the amounts of Leave Encashment and Gratuity as yet. Learned counsel explains further that the petitioner had completed 24 years of service as on 4.8.1999 and on the date of his completing 24 years of service, no departmental proceeding was pending against him. The State Government had implemented the scheme under the ACP Scheme on 14.8.2002 and had decided to give the benefit to all such employees who had completed 24 years of service by way of first and second time bound promotion. This scheme was made effective from 15th November, 2000. Petitioner is therefore entitled to payment on the basis of revision of his pay scale pursuant to the implementation of the scheme from the date when the decision was made effective. This scheme was made effective from 15th November, 2000. Petitioner is therefore entitled to payment on the basis of revision of his pay scale pursuant to the implementation of the scheme from the date when the decision was made effective. Learned counsel adds further that the contention of the respondents that since a vigilance inquiry is pending against the petitioner for the past five years, and therefore, 10% of the pension amount/gratuity has to be withheld, cannot be accepted. 5. Counsel for the respondent-State, on the other hand, submits that the 10% of the payable pension and gratuity has been withheld on account of the fact that a vigilance inquiry has been initiated against the petitioner and the same is pending, for the past five years. 6. It is by now well settled that payment towards retiral benefits cannot be withheld merely because of the pendency of any vigilance inquiry. Such vigilance inquiry in this case is pending since over five years. Admittedly, on the date when the petitioner had completed 24 years of his service, no departmental proceeding or vigilance inquiry was pending against him. 7. Considering the aforesaid facts, respondents are hereby directed to "release the full pension, arrears of pension as well as amount of leave encashment and gratuity to the petitioner within one month from the date of this order. Furthermore, respondents shall also assess the amount of arrears of salary and other consequential benefits which have accrued to the petitioner after implementation of the ACP Scheme from the date when it has been made effective and to decide on the same within three months from the date of this order and effectively communicate such decision to the petitioner and if any amount is found .legally payable to the petitioner, then to release such payments simultaneously to the petitioner within the time stipulated. In the event the amount of leave encashment and gratuity are not paid within the period stipulated above, the same shall carry interest @ 9% p.a. till the payment is finally made. With this observation, this writ application is disposed of at the stage of admission itself. Let a copy of the order be given to the learned counsel for the respondent State.