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Jharkhand High Court · body

2014 DIGILAW 162 (JHR)

Ram Bhakta Roy v. State of Jharkhand

2014-01-24

APARESH KUMAR SINGH

body2014
Order Heard counsel for the petitioner and the State. 2. The petitioner is seeking direction upon the respondent to finalize the pension and gratuity of the petitioner and pay the same along with the arrears. 3. According to the petitioner, he retired on 31st October 1997 from the post of Jan Sewak at Chainpur Block in the district of Gumla. He has been granted the 1st and 2nd time bound promotion with effect from 1st April 1981 and 9th January 1989. However, grant of 1st time bound promotion was confirmed vide letter no. 183 dated 20th February 2008. 4. It is stated that the records relating to the petitioner's service for the purposes of fixation of his pension were sent to the office of the Accountant General. However, the service records relating to the grant of 2nd time bound promotion was not sent to the office of the Accountant General and the same has been called for vide letter dated 30th June 2011 by the office of the Accountant General. In such circumstances, his pension and gratuity has been provisionally fixed at 90%. However, clarification has also been sought for by the Office of the Accountant General from the District Establishment, Deputy Collector, Gumla vide letter dated 24th February 2012. In such circumstances, despite representation made by the petitioner to complete the formality for finalization of pension and gratuity, the matter is still pending before the respondent. 5. Respondent State in their counter affidavit have indicated that the service book of the petitioner was returned to the Block Development Officer, Chainpur, Gumla vide letter dated 16th August 2012 for meeting the objection raised by the Government. In the meantime, however, on account of extremist act, Block Office of Chainpur was blasted and burnt in the midnight on 6th / 7th April 2013 and as per the report of the BDO, Chainpur, the service book of the petitioner also got burnt. Therefore by letter dated 13th November 2013, the BDO, Chainpur has been directed to open a duplicate service book of the petitioner on the basis of paper available at the district and block level at the earliest and send proposal for confirmation of 2nd time bound promotion. In the aforesaid background, according to the respondent, the matter relating to finalization of pension and grauity of the petitioner is still pending. 6. In the aforesaid background, according to the respondent, the matter relating to finalization of pension and grauity of the petitioner is still pending. 6. Counsel for the petitioner however submits that the respondents may be directed to reconstruct the service book of the petitioner and take an appropriate decision in the matter of finalization of his pension and gratuity as early as possible. 7. Having heard learned counsel for the parties, it appears that finalization of pension and gratuity of the petitioner and certain consequential benefits arising out of 2nd time bound promotion earlier granted to him, have not been conferred in absence of the service book which is said to have been burnt in extremist act. It further appears that steps have been taken to direct the BDO, Chainpur block to undertake the said process. In such circumstances, it would be appropriate to direct the Respondent No. 3 - Deputy Commissioner, Gumla and respondent no. 4 - Block Development Officer, Chainpur, Gumla to ensure that the service book of the petitioner is duly reconstructed with the record available in the related office under the respondent and thereafter, send the same for confirmation to the appropriate authority under the Rural Development Department for confirmation of grant of second time bound promotion. Let such an exercise be conducted within a period of six weeks from the date of receipt of a copy of this order. On receipt of such reconstructed service book of the petitioner, the Rural Development Department shall take a decision in the matter of confirmation of the 2nd time bound promotion granted to the petitioner earlier within a period of four weeks thereafter. If the claim of the petitioner is found genuine and legally admissible, the necessary sanction order in respect of payment of finalization of pension and gratuity, as admissible to the petitioner be issued within the same time and sent to the office of the Accountant General, Jharkhand for issuance of Authority Slip in his favour. On receipt of the same, the office of the Accountant General, after due examination of the admissibility of the claim in accordance with law, shall issue necessary Authority Slip within a reasonable time preferably within a period of four weeks thereafter. Let payments be made along with statutory interest. The writ petition stands disposed of. Petition disposed of.