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2013 DIGILAW 1145 (JHR)

Chandramati Devi v. State of Jharkhand

2013-10-18

APARESH KUMAR SINGH

body2013
ORDER : 1. Heard learned counsel for the parties. 2. The petitioner is the widow of one Late Ram Nagina Prasad, Instructor, Industrial Training Institute, Dhanbad, who died in harness on 5.12.2005. 3. The petitioner in the present writ application approached this Court for restraining the respondents from making any deduction from her pensionary benefits. The petitioner also sought a direction upon the respondents for giving approval of the benefit of First Time Bound Promotion to the husband of the petitioner in the scale of Rs. 850-1,360/- which was arbitrarily reduced to the scale of Rs. 785-1,210/- by an order passed vide Annexure-7 dated 18th July, 2003 by the Director, Employment and Training, Government of Jharkhand. 4. It is the contention of the petitioner that the petitioner’s husband joined service on 2nd November, 1965 as an Instructor. At the relevant point of time, the Respondents Department of Employment & Training, Govt. of Jharkhand had two cadres of Junior and Senior Instructors. These two cadres were however merged by a decision of the Department of Labour Employment & Training contained in letter no. 3888 dated 18th December, 1973 and only one post of Senior Instructor remained in existence after 1st April, 1973. Pursuant to the decision of the Finance Department, Government of Bihar contained in resolution dated 30th December, 1981, First Time Bound Promotion was granted after completion of stipulated period of 10 years of service of such incumbent upon fulfillment of the conditions laid down therein. The petitioner’s husband was granted First Time Bound Promotion on provisional basis vide letter no. 3096 dated 14th August, 1986 w.e.f. 1st April, 1981. It is the case of the petitioner that the said scale was further revised by another letter of Director of Labour & Employment dated 6th August, 1992 being letter no. 2064 in the scale of Rs.850-1,360/- 5. It is contended on behalf of the petitioner that thereafter vide Annexure-6 dated 24th August, 1998 issued by the erstwhile State of Bihar and the order issued vide Annexure-7 issued by Director, Employment & Training, Government of Jharkhand dated 18th July, 2003, First Time Bound Promotion granted to the petitioner’s husband earlier in the scale of Rs. 850-1,360/ have been reduced to the scale of Rs. 785-1,210/-. 6. 850-1,360/ have been reduced to the scale of Rs. 785-1,210/-. 6. Learned counsel for the petitioner submits that from perusal of Annexure- 7 it would indicate that it has been done in view of office order no. 7253 dated 4th November, 1999 issued by the Finance Department, Govt. of Jharkhand. Learned counsel for the petitioner submits that the said order dated 4th November, 1999 itself was under challenge in another case by affected person in W.P.(S) No. 176 of 2005 before this Court. It is submitted that the said order dated 4th November, 1999 impugned therein has been quashed by learned Single Judge of this court vide judgment dated 18th October, 2008, which is annexed as Annexure-8 to the writ application. 7. Learned counsel for the petitioner submits that the very basis for reducing the scale of the petitioner’s husband upon grant of First Time Bound Promotion from Rs. 850-1,360 to Rs. 785-1,210/- has been wiped out because of the judgment rendered by this Court in W.P.(S) No. 176 of 2005 (Annexure-8). In such circumstances, the respondents should not deduct the pensionary benefits of the petitioner and in fact should approve the scale of Rs. 850-1,360/- earlier granted to the petitioner’s husband as also fix the family pension of the petitioner in correct scale taking into account the aforesaid fact. 8. Learned counsel for the Respondents-State has sought to justify the order passed vide Annexure-7 dated 18th July, 2003 relying upon the same circular dated 4th November, 1999 issued by the Finance Department, Government of Bihar. They are additionally relying upon letter no. 2337 dated 24th August, 1998, whereunder the said scale earlier granted on 1st Time Bound Promotion to the petitioner’s husband was cancelled and excess payments were required to be recovered from the incumbent during his service period in installments. 9. The petitioner has sought to rely upon the judgment contained at Annexure-8, reference of which has also made at paragraph nos. 28 to 31 of the writ application. The reply to the said averments in the counter affidavit once again is based upon letter contained in Memo No. 7253 dated 4th November, 1999 issued by the Finance Department, Government of Jharkhand. 10. I have heard learned counsel for the parties and gone through the relevant materials on record. 28 to 31 of the writ application. The reply to the said averments in the counter affidavit once again is based upon letter contained in Memo No. 7253 dated 4th November, 1999 issued by the Finance Department, Government of Jharkhand. 10. I have heard learned counsel for the parties and gone through the relevant materials on record. From the aforesaid facts which have been narrated hereinabove, it is apparent that the respondents are required to reconsider the matter in view of the judgment rendered in the case of Bisheshwar Prasad –Vs. State of Jharkhand and others in W.P.(S) No. 176 of 2005 dated 18th October, 2008 (Annexure-8), where the same order dated 4th November, 1999 has been quashed by learned Single Judge of this Court. The said order dated 4th November, 1999 is the basis of passing the order at annexure-7, refixing the scale of the petitioner’s husband on grant of 1st Time Bound Promotion in the scale of Rs. 785-1,210 in stead of Rs. 850-1,360/-. 11. In such circumstances, the matter is remanded to the Director, Employment & Training, Government of Jharkhand to take a proper decision on the grievances raised by the petitioner after taking into account the judgment relied upon by the petitioner as aforesaid by passing a reasoned order in respect of her claim for refixation of her family pension in the proper scale. The petitioner is also at liberty to make appropriate representation containing all necessary facts, documents and judgment relied upon by her before the respondent no. 6, Director, Department of Employment & Training, Government of Jharkhand within a period of 3 weeks. On receipt of such representation along with a copy of this order the respondent no.6, Director, Department of Employment & Training, Government of Jharkhand, shall take an informed decision after due verification of the relevant records within a period of 16 weeks from the date of receipt of such order. The petitioner is also at liberty to raise other grievances which have been raised in the present writ application in the said representation for consideration of the respondent no. 6. 12. Needless to say that dependent upon such decision taken by respondent no. 6, the arrears of pension and other dues claimed by the petitioner shall be disbursed in accordance with law within a reasonable time. 13. Accordingly, the writ petition is disposed of in the aforesaid term. 6. 12. Needless to say that dependent upon such decision taken by respondent no. 6, the arrears of pension and other dues claimed by the petitioner shall be disbursed in accordance with law within a reasonable time. 13. Accordingly, the writ petition is disposed of in the aforesaid term. Consequently, the I.A. No. 7179 of 2013 is also disposed of.