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2011 DIGILAW 1082 (JHR)

Jagdish Choubey v. State of Jharkhand

2011-12-09

D.N.PATEL

body2011
ORDER 1. Counsel for the petitioners submitted that they have retired long time back, but till today the legally payable amount of the arrear of retirement dues have not been paid. It has also been submitted by the counsel for the petitioners that these facts have been admitted by the respondents in their counter affidavit, especially in the counter affidavit filed by respondent no. 3. 2. Counsel appearing for respondent no. 3 submitted that the Hazaribagh Mines Board is unable to make the payment of the arrears, as stated in the memo of petition, due to paucity of fund. This amount, to be paid to the petitioners, is approximately 60 lakhs and in fact the Mines Board requires approximately 60 lakhs for which they have exchanged correspondences with the State Government authorities, but as they have not received any grant from the State of Jharkhand, they are unable to make the payment of the aforesaid amount, though it is admitted by the respondent no. 3. 3. Counsel for respondent no. 3 has further submitted that Dy. Commissioner, Hazaribagh, who is also the Ex-Officio Chairman of the Mines Board is present in the Court. He has also submitted that due to paucity of fund, the Mines Board is unable to make the payment though they are admitting the dues and it is submitted by the Dy. Commissioner that sometime may kindly be granted so that in pursuance of some meeting to be held with the Secretaries of the concerned department of the State of Jharkhand, the payment may be made to the petitioners. 4. In view of the aforesaid facts, it, prima facie, appears that a sum of approximately 60 lakhs is required to be paid to the petitioners towards retirement benefits, which is approximately 60 lakhs. The Mines Board has not properly managed their affairs and they are in need of Rs. 750/- lakhs approximately from the State. It appears that since long the correspondences has been exchanged between the Mines Board and the State Govt. authorities, but the outcome is nothing so far and the petition is of the year 2009. Even though the dues are admitted by the respondents the same is not paid to the petitioners. Though, this is the attitude of the Government, i.e. respondent no. authorities, but the outcome is nothing so far and the petition is of the year 2009. Even though the dues are admitted by the respondents the same is not paid to the petitioners. Though, this is the attitude of the Government, i.e. respondent no. 1, and that of the Mines Board, this Court has no option but to auction the property of the Hazaribagh Mines Board. It ought to be kept in mind by the State Government that the authorities being 'State' within the meaning of Article 12 of the Constitution of India, are ideal employers. Their behaviour towards their employers should not be like a tower on a roof. The State is floating several beneficial schemes, but surprisingly, as in the present case, they are not paying the legally payable dues to their own employees. This type of attitude of the authorities, which• arc wholly or partly financed by the Government should be stopped. Mines Board ought to have managed its affairs, with all legal responsibilities, in a way so that the salaries and the legally payable retirement benefits is paid to its own employees. Charity must begin at home. If the Mines Board is not taking action within stipulated time and/or if the Government authorities is also not taking action in time, payment of retirement benefits, as admitted in paragraph 5 of the counter affidavit filed by the Secretary, Hazaribagh Mines Board, this Court will auction the property of the Mines Board. The property, which can be auctioned are as under:- (i) Inspection Bunglow (LB.), Giridih, admeasuring approximately, 31 decimal of land constituted at Giridih. (ii) Inspection Bunglow of Barkakhana Road, District-Ramgarh, admeasuring 28 decimals of land. 5. The auction of the aforesaid two properties, as stated by the Dy. Commissioner, Hazaribagh, who is also the Ex-Officio Chairman of the Mines Board, will be sufficient for payment of legally payable dues towards retirement benefit of the petitioners. 6. In view of this submissions made by counsel for respondent no. 3 and in view of the difficulties stated by the Dy. Commissioner, Hazaribagh, I want to give one more chance to the Hazaribagh Mines Board as well as to the State Government so that the difficulty of the Mines Board are resolved at their own end, failing which, this Court may pass order for auction of the properties, details regarding which is given hereinabove. 7. Commissioner, Hazaribagh, I want to give one more chance to the Hazaribagh Mines Board as well as to the State Government so that the difficulty of the Mines Board are resolved at their own end, failing which, this Court may pass order for auction of the properties, details regarding which is given hereinabove. 7. I also direct the Dy. Commissioner, Hazaribagh, who is also the Ex-Officio Chairman of the Hazaribagh Mines Board, as well as the counsel appearing for the State of Jharkhand to state the following facts on oath clearly, in the counter affidavits to be filed by them, as to (a) How much Cess is collected by the Govt. of Jharkhand under Section 14 of the Hazaribagh Mines Board Act, 1936 in the year 2007-08, 2008-09, 2009-10 and 2010-11. (b) How much amount out of the aforesaid Cess has been returned to the Mines Board by the State Government to manage its affairs for the aforesaid period. (c) These figures will be stated on oath by both Dy. Commissioner, Hazaribagh as well as by an affidavit of the Secretary of the concerned department of the State of Jharkhand. 8. These affidavits are directed to be filed on or before the next date of hearing. 9. Counsel for the State submitted that these affidavits shall be filed by the Secretary of the concerned department of the State on or before the next date of hearing. 10. Presence of the Dy. Commissioner, Hazaribagh, who is the Ex-Officio Chairman of the Hazaribagh Mines Board is not required till further order, but his presence is desirable or he may depute for the purpose any other responsible officer who is well acquainted with the matter in question. 11. The matter is adjourned to be listed on 16th January, 2012.