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2014 DIGILAW 161 (JHR)

Radheshyam Mandal v. State of Jharkhand

2014-01-24

APARESH KUMAR SINGH

body2014
ORDER None appears on behalf of the petitioner. However, learned counsel appearing on behalf of the State and the Office of Accountant General, Jharkhand are present. 2. The petitioner, in the present writ application has claimed that he had superannuated on 30.9.2011 while working as Accounts Clerk under the respondents- Executive Engineer, Minor Supply Division No. 4, Galudih, East Singhbhum under the Water Resources Department, Government of Jharkhand. The grievances of the petitioner is in relation to regularization of his service on the post of Accounts Clerk and also for grant of A.C.P and M.A.C.P and further payment of post retirement dues such as gratuity, provident fund, pension along with statutory interest. 3. It has been stated on behalf of the respondent- State that the petitioner has been regularized on the post of Accounts Clerk by a decision taken in the meeting held on 31.12.2012, which is evident from the letter of the Chief Engineer, Adityapur dated 4.1.2013(Annexure-A) to the counter affidavit. It is stated on behalf of the respondent- State that as per the direction of the Chief Engineer, the Executive Engineer, Minor Irrigation Division No. 4, Galudih has sent the service book , sanction report along with filled up prescribed form in 3 copies of A.C.P./ M.A.C.P. The Chief Engineer has directed the Superintending Engineer on 3.6.2013 to send a fresh report making correction by verifying the pay scale of the petitioner granted earlier. The aforesaid facts have been intimated to the office of Accountant General, Jharkhand by the respondent-5 vide letter dated 12.3.2013. 4. Learned counsel for the respondent- State, therefore, submits that the petitioner has already received the provisional retirement dues along with other funds. He is being paid the provisional pension @ Rs. 8295.30/- and gratuity amount has also been sanctioned of Rs. 4,30,754/- vide letter dated 3.11.2011; group insurance has been sanctioned of Rs. 1,64,709/- vide letter dated 11.10.2011; un-utilized amount of earned leave encashment vide letter dated 25.8.2012 of Rs. 1,74,042; authorization letter has been issued for payment of provident fund vide letter dated 4.1.2013 of Rs. 7,22,076/-. In such circumstances, the petitioner has already been paid the amount totalling Rs.17,08,246/- towards group insurance, gratuity, provisional pension, un-utilized earned leave and G.P.F. as would appear from the statement of payment prepared by the Executive Engineer dated 16.3.2013. 1,74,042; authorization letter has been issued for payment of provident fund vide letter dated 4.1.2013 of Rs. 7,22,076/-. In such circumstances, the petitioner has already been paid the amount totalling Rs.17,08,246/- towards group insurance, gratuity, provisional pension, un-utilized earned leave and G.P.F. as would appear from the statement of payment prepared by the Executive Engineer dated 16.3.2013. In the aforesaid background, learned counsel for the respondents submitted that in the matter of grant of A.C.P. and M.A.C.P the process has already been undertaken. 5. Learned counsel appearing on behalf of the Accountant General, Jharkhand submits that the necessary departmental sanction of finalization of the petitioner's pension and gratuity is still awaited. They have also send a reminder to the concerned office of State Government. 6. In the aforesaid facts and circumstances, it appears that the majority of the post retirement dues have already been sanctioned and paid to the petitioner. However, so far as claim of the petitioner for grant of A.C.P and M.A.C.P and the consequent finalization of pension and gratuity is concerned, petitioner is allowed liberty to approach the respondent no.4, Superintending Engineer, Kharkai Canal Circle, Seraikella-Kharsawan, Jharkhand with a fresh representation for such grant of A.C.P. and M.A.C.P, if not already paid within a period of 3 weeks together with all supporting facts and documents. The respondent no.4, Superintending Engineer, Kharkai Canal Circle, Seraikella-Kharsawan, Jharkhand shall consider the same in accordance with law and after due verification of the service records of the petitioner take a decision in the matter within a period of 10 weeks, thereafter and, if any approval is required from the higher competent authority, the same shall also be undertaken. Dependent upon such decision, the sanction order be issued in favour of petitioner to the respondent no.6, the Accountant General, Jharkhand without any further delay. On receipt of such sanction order, the respondent no. 6, Accountant General, Jharkhand shall examine the matter and issue authority slip, if the amount payable are found to be legally admissible under the heads of A.C.P. and M.A.C.P. and for final pension and gratuity within a period of 4 weeks, thereafter. 7. The writ petition is disposed of in the aforesaid terms. Petition disposed of.