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2010 DIGILAW 478 (GAU)

Suchana Banerjee v. State of Assam

2010-07-19

BIPLAB KUMAR SHARMA

body2010
JUDGMENT Biplab Kumar Sharma, J. 1. Heard Mr. N. Dhar, learned Counsel for the Petitioner as well as Ms. R. Chakraborty, learned Addl. Senior Government Advocate, Assam. Also heard Mr. M.R. Pathak, learned Standing Counsel, Education Department. 2. The Petitioner, who has since retired from service on attaining the age of superannuation on 31.5.2004, has filed this writ petition praying for a direction to the Respondents to clear her pensionary and other retirement benefits. Thus, at the time of filing the writ petition on 27.4.2009, although about 4 (four) years had elapsed since the aforesaid date of retirement of the Petitioner, the Petitioner was not paid he pensionary and other retirement benefits. Presently, a stage has arrived at, in which the Director of Pension vide his note dated 13.7.2010 has furnished the report that the Directorate of Pension has furnished a proposal to the Government in the P&PG department for consideration and to take approval for creation and outsourcing of the required manpower with proper justification vide letter dated 2.7.2010. According to the said note, the proposal is under consideration of the Government and as per the proposal, the backlog of about 3,000 cases will be cleared within 3 (three) months. The aforesaid note does not furnish any information as to how much time the Government will take in clearing the proposal. 3. In the present proceeding, as recorded in the order dated 16.11.2009, it was noticed that the pension case of the Petitioner was delayed because of non-furnishing the affidavit by the Petitioner showing the change of her title from "Das" to "Banerjee". It was observed that the pension case of the Petitioner could not have been delayed on that count and the authorities ought to have asked the Petitioner to submit necessary affidavit. As recorded in the order, as per the submission made by the learned Counsel representing the Directorate, the payment of arrear salary to the Petitioner was delayed as the concerned Head Office of the Education Department did not take steps for release of the arrear salary. Under such circumstances, the Respondents were directed to file individual affidavits. 4. When the aforesaid affidavits were not filed, the court took a serious view of the matter as recorded in the order dated 22.3.2010. Under such circumstances, the Respondents were directed to file individual affidavits. 4. When the aforesaid affidavits were not filed, the court took a serious view of the matter as recorded in the order dated 22.3.2010. On the basis of the affidavits filed thereafter, a direction was issued by order dated 23.4.2010 directing the Commissioner and Secretary to the Government of Assam in the Education(E) Department to file an additional affidavit on the basis of the report to be submitted pursuant to the order for causing an enquiry as to the cause of delay in finalizing the pension case of the Petitioner. 5. It was recorded in the order dated 7.6.2010 on the basis of the stand, taken by the Director of Pension that the case of the Petitioner would take some more time as the Directorate of Pension was processing the cases received during the August 2009. Be it stated here that the pension case of the Petitioner was finally submitted to the Directorate of Pension in January 2010, i.e., after about 6 (six) years of the retirement of the Petitioner. In the affidavit filed by the Commissioner & Secretary to the Government of Assam in the Education(E) Department on 31.5.2010, the reasons for the delay in finalizing the pension case of the Petitioner were assigned as follows: 5. That from the said Enquiry Report dated 14.5.2010 the following are found to be the reasons for the delay in processing the Pension matter of the Petitioner: (a) Taking 5 (five) months time to submit the already reconstructed Service Book to the Office of the Director of Elementary Education, Assam by the then Deputy Inspector of Schools, Karimganj is one ground of delay. (b) The then Block Elementary Education Officer, Patharkandi; after taking countersignature from the District Elementary Education Officer, Karimganj was required to send the original age proof certificate of the Petitioner along with her Service Book for approval to the Deputy Inspector of Schools, Karimganj as the concerned Deputy Inspector of Schools are the competent authority in dealing pension cases of L.P. School Teachers. But instead of that, the then BEEO, Patharkandi requested the DEEO, Karimganj to send the same to the Office of the Director of Elementary Education, Assam and it also causes delay. But instead of that, the then BEEO, Patharkandi requested the DEEO, Karimganj to send the same to the Office of the Director of Elementary Education, Assam and it also causes delay. (c) Change of name of the Petitioner 'Suchana Banerjee' from 'Suchana Rani Das' should have been settled at the filed level Office before sending the report to the Office of the Director of Elementary Education, Assam, which also caused delay in finalising the Pension matter of the Petitioner. (d) The then Deputy Inspector of Schools, Karimganj did not follow the proper procedure and did not take interest for sending the original age proof certificate to the Office of the Director of Elementary Education, Assam and it too caused delay in settling the matter of the Petitioner. 6. It was recorded in the order dated 7.6.2010 that as per the stand of the Director of Pension, it is not practical to adhere to the time limit fixed towards clearing the pension case. In this connection, the statement made in the affidavit dated 26.5.2010 in paragraphs 7 and 9 are quoted below: 7. That with regard to the statements made in paragraph No. 14 of the writ petition, the deponent begs to state that this Directorate received, the Pension Papers of the Petitioners on 29.1.2010 from the concerned Head of Office. On receipt of the Pension proposal this has been entered in the Directorate Pension Information System (DPIS) having computerized registration number 2010/01/0225. DPIS is a fully system inaugurated and functioning since May 2009. The system works on the principle of first cum first serve basis from receipt of processing and also in generation of reports and also capable to generate pension liability of the Government on a given date to help Government to regulate ways and means position. Presently this Directorate is processing the Pension proposals received during the month of August 2009 and the Petitioner's case will be finalized in due course as soon as earlier proposals in queue are disposed of. 9. That with regard to the statements made in paragraph No. 16 of the writ petition the deponent most respectfully begs to state that the Government has not fixed any time framed by the pension authorizing authority for disposal of the pension. 9. That with regard to the statements made in paragraph No. 16 of the writ petition the deponent most respectfully begs to state that the Government has not fixed any time framed by the pension authorizing authority for disposal of the pension. But in Office Memorandum No. FAP/SC/9/76/5 dated 29.4.1976 (sic) (Below Pension Rule 95) the Government stipulated pension cases should reach not later than 6 (six) months before retirement and pension cases to be finalized not later than 1 (one) month in advance of the date of retirement. Besides this, Head of Offices are responsible for sanction of Provisional Pension for 1 (one) year from the date of following the date of retirement including Provisional DCRG where there is an expectation of delay in settlement of the case. All those stipulations allows sufficient time to the Pension authorizing authority to dispose of a Pension proposal on the basis of the first come first serve principle based on which the office functions. It may be further stated that since this Directorate is not working manually, any fixing of time frame for disposal of pension will force the Directorate to settle the Pension manually corrupting the sanctity of the automated system introduced by Government for streamlining the disposal of pension/family pension cases. It may be further pointed out that this office can act in disposal of pension in order of its date of receipt and further if the claim submitted in order in all respect. As such this Directorate is no way responsible for payment of any interest for delayed payment as claimed by the Petitioner. 7. In view of the above stand of the Director of pension, the Chief Secretary of the State was directed to file an affidavit highlighting the steps the Government would take towards early finalization of the pension cases. In terms of the said order, the Chief Secretary of the State has filed an affidavit on 28.6.2010 with the following statements: 2. That the deponent most respectfully begs to state that the deponent has discussed matter relating to implementation of the order dated 7.6.2010 passed by the Hon'ble High Court in WP(C) No. 1686/2009 with the senior officers of the concerned Department, viz., Education, Personnel, Pension and Public Grievances and Finance Department on 24.6.2010. That the deponent most respectfully begs to state that the deponent has discussed matter relating to implementation of the order dated 7.6.2010 passed by the Hon'ble High Court in WP(C) No. 1686/2009 with the senior officers of the concerned Department, viz., Education, Personnel, Pension and Public Grievances and Finance Department on 24.6.2010. The deponent also has issued instructions to all the departmental Secretaries for prompt disposal of pension cases vide letter No. PPG(P)102/2010/62 date 24.6.2010. 8. Copy of the minutes of discussion held on 24.6.2010, which has been enclosed to the said affidavit, is reproduced below: MINUTES OF THE DISCUSSION IN CONNECTION WITH THE IMPLEMENTATION OF THE HON'BLE HIGH COURT'S DIRECTION IN WP(C) No. 1686/2009, HELD ON 24.6.2010 AT 3 P.M. IN THE OFFICE CHAMBER OF CHIEF SECRETARY, ASSAM. Member Present (1) Sri N.K. Das, IAS, Chief Secretary, Assam. (2) Sri H.M. Cairae, IAS, Additional Chief Secretary, Assam. (3) Sri R.S. Prasad IAS, Commissioner & Secretary to the Government of Assam, Finance Department. (4) Shri A.B. Md. Eunus, IAS, Commissioner & Secretary to the Government of Assam, Education (Ele. & Section) Department. (5) Shri Iftikar Hussain, IAS, Secretary, Pension & Public Grievance Department. (6) Shri T.R. Hazarika, Additional Secretary, Personnel (B). Department. (7) Shri A.K. Purkayastha, Director of Pension, Assam. Initiating the discussion, Chief Secretary, Assam wanted to know from the Secretary, Pension and Public Grievances Department about the action taken for expeditious disposal of Pension Cases. Secretary, Pension & Public Grievances Department apprised the Departmental action including the Government instructions issued to the Secretaries of the Departments for prompt disposal of Pension Cases. The Director of Pension, Assam stated that he was facing serious shortage of officers and staff which is standing in the way of prompt disposal of Pension Cases. He further stated that the office works have been computerized from the year 2009 and now they are clearing the Pension Cases of August, 2009. While appreciating the difficulties of the Directorate of Pension, Chief Secretary, Assam directed Pension & Public Grievances Department to go in for outsourcing of persons even on Contract basis for prompt disposal of Pension Cases. The Commissioner and Secretary, Finance Department suggested that the Department can submit proposal for outsourcing of persons and also they can take advantage of ADB's fund for engagement of persons for Pension works. The Commissioner and Secretary, Finance Department suggested that the Department can submit proposal for outsourcing of persons and also they can take advantage of ADB's fund for engagement of persons for Pension works. The Chief Secretary, Assam directed the Pension and Public Grievance Department to take immediate measures in the light of the above discussions and also asked the Finance Department to consider the proposal of Pension & Public Grievances Department for outsourcing of persons on priority basis. Thereafter, the meeting ended with thanks from the Chair. Memo. No. ELC/WP(C) 1686/2009/587/122 Sd/- Dated Dispur the 24th June, 2010. (Shri N.K. Das) Copy to : Chief Secretary, Assam. All concerned. By order etc. Sd/- Ommissioner & Secretary to the Government of Assam, Education (Elec. & Section) Department. 9. As recorded above, the present stage in respect of the case of the Petitioner has reached only upon monitoring the case of the Petitioner by this Court. As per the aforesaid note dated 13.7.2010 furnished by the Director of Pension, around 3,000 pension cases are going to be cleared within 3 (three) months, for which necessary proposal has been submitted to the State Government. However, the learned Counsel for the Respondents are not in a position to apprise the court about the reaction of the Government to the proposal so mooted by the Director of Pension. In the process, the Petitioner, who has retired from service more than 6 (six) years back is yet to receive her pensionary benefits. 10. It is in the above circumstances, Mr. N. Dhar, learned Counsel for the Petitioner has prayed for appropriate direction to the Respondents to clear the pension case of the Petitioner at an early date and to award interest on delayed payment. 11. Considering the matter in its entirety, this writ petition is disposed of with the following directions: (1) The State Government should immediately show its response to the aforesaid proposal made by the Director of Pension towards clearing around 3000 pension cases within 3 (three) months, which must include the case of the Petitioner. (2) The State Government should also seriously consider as to the cause of delay towards finalization of pension cases and the sufferings to which the retired employees are subjected to, towards getting their pension cases cleared. (2) The State Government should also seriously consider as to the cause of delay towards finalization of pension cases and the sufferings to which the retired employees are subjected to, towards getting their pension cases cleared. (3) While giving attention to the cause of delay towards finalization of pension cases and the harassment to which the retired employees are subjected to, the Government of Assam shall also take into account the relevant rules/guidelines in terms of which the pension cases are required to be cleared within the prescribed time limit. In this connection, the State Government shall also bear in mind the Annexure-A minutes of discussion dated 24.6.2010 and Annexure-B communication dated 24.6.2010 addressed to all the administrative departments, etc., by the Chief Secretary of the State, copies of which have been annexed to the affidavit filed by the Chief Secretary. In the said affidavit, the Chief Secretary has also annexed the copy of the office memorandum dated 29.4.1976 laying down the guidelines and time limit towards clearing the pension cases. (4) The pension case of the Petitioner must be cleared on or before 30th September, 2010 failing which she will be entitled to receive interest @ 18% per annum on the accrued pensionary and other retirement benefits. (5) The State Government in the aforesaid departments and for that matter, the Chief Secretary of the State shall ensure finalization of all pension cases within the stipulated period of time fixed in the rules/guidelines. In the event of any delay, the responsible officers/employees should be held responsible for departmental proceeding and payment of interest. (6) All the aforesaid steps shall be made by the State Government in the appropriate departments so that the retired officers/employees of the State Government are not subjected to any harassment towards finalization of their pension cases and that due attention is given to all such cases so as to clear the same within the stipulated period of time. (7) Any violation on the part of the State Government to implement the aforesaid directions would be viewed seriously and consequently the responsible officer(s) will be liable not only for contempt of court proceeding, but will also be liable for payment of interest on delayed payment. (7) Any violation on the part of the State Government to implement the aforesaid directions would be viewed seriously and consequently the responsible officer(s) will be liable not only for contempt of court proceeding, but will also be liable for payment of interest on delayed payment. (8) As regards the claim of the Petitioner for arrear salary, necessary verification in this regard shall be carried out by the departmental authorities and clear the same within the said stipulated period. Whatever admissible amount is payable to the Petitioner as arrear salary, same shall be so paid within the aforesaid stipulated date i.e., 30th September, 2010 failing which the amount found payable shall also carry interest @ 18% per annum. (9) In the event of liability to pay interest to the Petitioner in terms of this order, it will be open for the State Government to realize the same from the salaries of the responsible officers. 12. Let copies of this order be furnished to both Ms. R. Chakraborty, learned State counsel as well as Mr. M.R. Pathak, learned Standing Counsel, Education Department.