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2012 DIGILAW 723 (JHR)

Saket Bihari Lall v. State of Jharkhand

2012-05-08

APARESH KUMAR SINGH

body2012
Order I.A.No.192 of 2010 The instant Interlocutory Application has been filed for amendment in the cause title of respondent no. 1-the State of Jharkhand through the Secretary, Animal Husbandry Department, Government of Jharkhand, Ranchi., and in its place the State of Jharkhand through Secretary, Department of Finance, Government of Jharkhand, Ranchi be added as respondent no. 1. 2. Prayer is allowed. 3. Accordingly, now in cause title, the respondent no. 1 be read as the State of Jharkhand through Secretary, Department of Finance, Government of Jharkhand, Ranchi. 4. I.A. No. 192 of 2010 stands disposed of. W.P.(S)No.5763 of 2009 5. Heard learned counsel for the petitioner as well as learned counsel for the respondents. 6. The instant writ petition has been preferred for quashing of the letter dated 05.03.2009 issued under the seal and signature of Finance Commissioner by which provisional pension of the petitioner has been stopped with condition that he has to file an affidavit to the effect that after conviction in the criminal proceedings the entire amount may be recovered from him. Petitioner has consequentially prayed for issuance of direction upon the respondents for payment of full pension and gratuity, which has not been paid to him. 7. Respondents have appeared and filed their counter affidavit inter alia reiterating the stand that because of pendency of criminal proceeding, full pension and gratuity are not being released. 8. Learned counsel for the petitioner has also relied upon a decision in the case of Dr. Dudh Nath Pandey Vs. State of Jharkhand & Ors. reported in 2007(4) JCR 1 (jhr)(FB) and submitted that it is clearly laid down that there is no power to the Government to withhold the gratuity and pension during the pendency of the departmental proceeding or criminal proceeding. Learned counsel further submitted that Annexure-6 is contrary to the ratio laid down by the Full Bench judgment in which they have stated that petitioner has to file an affidavit to the effect that after convicting in the criminal proceedings, the entire amount may be recovered from him. Learned counsel further submitted that Annexure-6 is contrary to the ratio laid down by the Full Bench judgment in which they have stated that petitioner has to file an affidavit to the effect that after convicting in the criminal proceedings, the entire amount may be recovered from him. Learned counsel for the petitioner submits that if the authority pass any consequential order pursuant to the conviction of the petitioner in criminal case or departmental proceeding as the case may be, the said order (contained in Annexure-6) should not come in the way of the authority and authority may consider the representation of the petitioner in the light of the Full Bench Judgment delivered in the case of Dr. Dudh Nath Pandey Vs. State of Jharkhand & Ors. (Supra) while granting payment of full pension and gratuity. In view of the aforesaid submission, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach before the competent authority for redressal of his grievance relating to the full pension and gratuity. 9. In the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file a representation alongwith a copy of this order before the respondent no. 1, the State of Jharkhand through Secretary, Department of Finance, Government of Jharkhand, Ranchi containing all necessary facts and documents, if any, within a period of two weeks for redressal of his grievance relating to the full pension and gratuity. In case, such representation is filed before the respondent no. 1, the State of Jharkhand through Secretary, Department of Finance, Government of Jharkhand, Ranchi, shall consider the same in accordance with law and pass a speaking and reasoned order within a period of six weeks thereafter and the same shall be communicated to the petitioner. 10. It is made clear that if the petitioner's claim is found genuine and he is entitled to any of the dues legally admissible to him under the heads of full pension and gratuity, the same should be paid within six weeks thereafter with statutory interest, if any. 11. With the aforesaid observations and directions, this writ petition stands disposed of.