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2011 DIGILAW 961 (JHR)

Bennadette Aind v. State of Jharkhand

2011-10-18

D.N.PATEL

body2011
JUDGMENT 1. Looking to the seriousness of the matter, I hereby request Mr. Ajit Kumar, learned Additional Advocate General, to appear in this matter as Amicus Curiae. He has accepted the request and has appeared in this matter upon request of the Court as Amicus Curiae. 2. Learned counsel for the petitioner submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondent no. 1 to treat this writ petition as a representation and decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law and within stipulated time, as given by this Court. 3. I have heard learned counsel for the respondents, who have submitted that they have no much objection, if such a direction is given to respondent no. 1 to treat this writ petition as a representation and decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law and within stipulated time, as given by this Court. 4. In view of these submissions, I hereby direct respondent no. 1 (State of Jharkhand through the Principal Secretary, Department of Primary Education, Government of Jharkhand, Ranchi) to treat this writ petition as a representation and decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law, rules, regulations, polices and Government enforceable orders, applicable to the petitioner, as expeditiously as possible and practicable, preferably within a period of twelve weeks from the date of receipt of a copy of the order of this Court, after giving an adequate opportunity of being heard to the petitioner or to her representative. 5. It must be kept in mind by respondent no. 1 that the amount of General Provident Fund is an accumulated amount in the account of the petitioner after deduction of some portion from the salary. The Government is not adding a single farthing in the said amount and, therefore, it ought to be paid on the date of retirement itself. It has become a fashion in this State that the State Government is not paying even the General Provident Fund amount. The Government is not adding a single farthing in the said amount and, therefore, it ought to be paid on the date of retirement itself. It has become a fashion in this State that the State Government is not paying even the General Provident Fund amount. It is the prime duty vested in the high ranking officer of the State i.e. the Chief Secretary of the State of Jharkhand to issue a circular that the General Provident Fund amount ought to be paid on the date of retirement, except in cases where, departmental inquiry is under contemplation or is going on or pending. In the facts of the present case, the petitioner has retired on 31st March, 2009 as a Teacher. No civil or criminal proceeding is pending and despite these facts, it is submitted by learned counsel for the petitioner that the General Provident Fund amount is not paid to the petitioner. It is high time for the Chief Secretary to look into this matter. Daily similar type of matters, which are not less than one dozen, are decided by this Court. I therefore direct the Chief Secretary of the State of Jharkhand to issue a circular even if it is issued in past, for refreshing the memories of his Secretaries and for refreshing the memories of the officers in vertical hierarchy that they must make the payment of the General Provident Fund amount on the date of retirement with exceptional cases cited hereinabove, namely, if the departmental inquiry is under contemplation or is going on or any criminal case is going on against the petitioner or under such other contingencies. Except these contingencies, which are in existence, the General Provident Fund amount ought to be paid in time. It shall also be kept in mind by the Chief Secretary of the State of Jharkhand that previously a circular dated 7th November, 1981 bearing Circular No. PC21/46/79/3155 has been issued that if retirement benefits are not paid within time to the retired employee, it will be paid with interest at the rate of 5% per annum and the amount of interest will be deducted from the salary/retirement benefits of the erring Government officer(s). This circular is frequently cited by the learned counsel for the petitioner in this Court, but, no pain has been taken by the high ranking officer of the State to follow this circular and, therefore, a fresh circular ought to be issued by the Chief Secretary of the State so that multifariousness of the petitions can be avoided and undisputed amount is paid promptly. The Government lawyers are never objecting payment of the General Provident Fund amount, but, only because of the lethargic, callous and casual approach of the respondentsState Government/high ranking officers, even the General Provident Fund amount is not paid to the retired employees of the State. It is misfortune for those retired employees of the State of Jharkhand and, therefore, this direction is given to the Chief Secretary for the purposes of the circular, to be issued by the Chief Secretary. I also direct the Chief Secretary to appoint High Power Committee/Committees to scrutinies such kinds of prayers made by the retired employees, so that undisputed amount may be paid promptly to them. The Chief Secretary will also consider the following judgments rendered by the Hon'ble Supreme Court: (i) In the case of Oil and Natural Gas Commission and another v. Collector of Central Excise, reported in 1992 Supp (2) SCC 432; (ii) In the case of Oil and Natural Gas Commission and another v. Collector of Central Excise, reported in 1995 Supp (4) SCC 541 In view of the aforesaid decisions also, it has been held by the Hon'ble Supreme Court that high power Committee should be constituted, thereafter, only the petition can be filed by the Public Sector Undertakings against the Central Government. This type of High Power Committee may be appointed, may be more than one, for each district to scrutinies the claims of retirement benefits of the retired employees like: (a) Pension; (b) Commutation of Pension; (c) Gratuity; (d) Revised pay/gratuity; (e) Group Insurance; (f) Leave Encashment; (g) General Provident Fund; (h) Pay Revisions; (i) Medical Leave reimbursement amount; (j) Claim of interest over the retiral dues and such other similar types of benefits which are thought proper by the Chief Secretary of the State to be decided by High Power Committee/Committees, which are to be appointed because mostly the Government lawyers are submitting before this Court that they have no objection if direction is given to the State Government to decide the claims made by the petitioner towards the retirement benefits and to make payment in accordance with law. This Court has also come across the argument that the retirement benefits like pension and gratuity are not being paid because the retired employee is not approaching the Treasury Office. In this 21st Century, this argument ought not to have been canvassed by the State because legally payable amount can be deposited in the bank account of the petitioner/retired employee, since there is no question of giving identification by the petitioner or the retired employee. Sometimes, the Government officers, for one or other reasons, are not giving the “No Dues Certificate” to the Accountant General's office. This should also be supplied promptly to the Accountant General's office. Sometimes, the Government officers are not sending necessary papers including the service book to the Accountant General's office for several years. On several dates, this Court has decided in minimum half a dozen such type of matters and today is not the exception to it. Today before recess hours, minimum half a dozen orders have been passed, in which, such type of benefits are ordered to be paid by the respondentState authorities. It is a prime duty vested in the high ranking officer of the State to think upon this issue, which arises minimum in half a century matters before this Court daily and only because of lethargic approach of the Government officers, petitions are filed and this Court has to decide the same because Government side lawyers are always submitting that if direction is given to the State they will calculate the retirement benefits and they will pay the same. The copy of the circular will be placed to this Court by the Chief Secretary of the State through the Government lawyers so that the same can be utilized in other matters also. It is expected from the Chief Secretary to react promptly. The Chief Secretary will also keep in mind the circular bearing F.D. Memo No. P.C.11104/45232F dated 23rd May, 1974 wherein at clause 3, it has been stated that the violation of this circular will be treated seriously and departmental proceeding will be initiated against the erring Government officer(s). In not a single case, the State Government lawyer has pointed out that the State has taken any action against the Government officer for recovery of the interest, which, the Government has to pay because of delayed payment and in not a single case, the Government lawyers have pointed out that the Government has even suspended their Peon in last five years for not making the payment of retirement benefits. If this is the stand of the Government of Jharkhand that they are unable to take steps against any of the erring Government officer(s) for late payment and for nonpayment of the retirement benefits, it is a matter of serious concern. The circulars after circulars are pointing out that action will be taken against the erring officer(s), but, these are only teethless paper tigers and because of these inefficiency of the State of Jharkhand, repeatedly similar type of matters are being filed by the retired employees even for getting their own General Provident Fund amount, which is nothing, but, an accumulated amount deducted from their own salary, in which, the Government is not contributing a single farthing. 6. In this case also, the amount if found legally payable to the petitioner the same will be paid with statutory interest to the petitioner and whenever there is no statutory interest prescribed under the law, rules, regulations or in the Government circulars, the same will be paid with compound interest at the rate of 5% per annum from the date on which the amount became due till the date of payment. This amount of interest shall be paid initially by the State of Jharkhand and, thereafter, it shall be recovered from the salary/retirement benefits of the erring Government officer(s), after holding proper inquiry. 7. In view of the aforesaid directions, this writ petition is disposed of.