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Jharkhand High Court · body

2013 DIGILAW 673 (JHR)

Satya Narain Paswan. v. State of Jharkhand

2013-06-13

N.N.TIWARI

body2013
JUDGMENT 1. The grievance of the petitioner is that the respondents have not paid either provisional pension or final pension to him even after lapse of more than four years from the date of his retirement on 31st January, 2009. 2. It has been submitted that the petitioner retired on attaining the age of superannuation on 31st January, 2009 from the post of Dy.S.P., Vigilance Department, Government of Jharkhand. Certain service dues have also not been paid to the petitioner, such as the benefit of Modified Assured Career Progression (MACP). 3. It has been further submitted that the petitioner had completed all the formalities and submitted pension papers etc. immediately after his retirement. The departmental authorities had assured payment of his retiral dues, including pension and gratuity, without delay and had informed that required orders and papers have been forwarded to the office of the Accountant General for that purpose. But the office of the Accountant General informed that certain descriptions and papers are still wanting. The petitioner's fate is hanging in balance between the said two officials. The petitioner has not been even given provisional pension till date and he has been kept in dilemma. The petitioner has been facing severe hardship due to nonpayment of pension and other dues. 4. Learned J.C. to A.G. appearing on behalf of the respondents submitted that steps have been taken on behalf of the State respondents and the required orders and documents have been sent to the office of the Accountant General. 5. Mr. S. Srivastava, learned counsel, appearing on behalf of the Accountant GeneralRespondent No.4, submitted that the State respondents have sent incomplete papers. The defect was communicated to the Special Secretary, Department of Home, by Letter No.PenV2930 dated 17th October, 2012. Reminder was also sent by the office of the Accountant General, but till date the defects have not been removed and complete papers have not been sent to the office of the Accountant General. He further submitted that as soon as the complete papers and the compliance of the defects are received from the State respondents, payment order shall be issued immediately thereafter. 6. He further submitted that as soon as the complete papers and the compliance of the defects are received from the State respondents, payment order shall be issued immediately thereafter. 6. Considering the said submissions and the facts appearing on record, this writ petition as well as I.A. No.3198 of 2013 are disposed of, directing the Special Secretary, Department of Home, Government of Jharkhand to remove the defects and the deficiency in paper, as pointed out by the office of the Accountant General, and send complete paper and appropriate order as required by the office of the Accountant General within three weeks from the date of receipt/production of a copy of this order. 7. The Accountant General on receipt of complete papers shall issue required payment order within two weeks thereafter. 8. Admitted arrears thereafter shall be paid to the petitioner by concerned authority within three weeks from the date of receipt of the payment order from the office of the Accountant General.