Godhan v. State of U. P. Through Secy. Nagar Vikas Vibhag Lko.
2015-04-02
DEVENDRA KUMAR UPADHYAYA
body2015
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. Heard learned counsel for the petitioner and learned Standing Counsel representing the respondents. 2. Counter Affidavit has been filed by Sri Surendra Narayan Tripathi, Executive Officer, Nagar Panchayat, Beniganj, who is also holding the post of Tehsildar Sandila, District Hardoi stating therein inter alia that the post-retiral dues to the petitioner could not be paid on account of the fact that the service book of the petitioner is not traceable, in fact, it appears to have been lost. It has also been stated that appropriate criminal action has also been initiated against the officers responsible for the loss of the service book. Thus, the only reason, which appears to be indicated in the counter affidavit for non-payment of the post-retiral dues to the petitioner, is the loss/ misplacement of the service book. 3. By taking criminal or any other legal action against the officers responsible for the loss/misplacement of the service book, the petitioner's grievance cannot be redressed. The legal or criminal action, if any, taken against the officers responsible for the loss/misplacement may determine the criminal liability of the officers and may entail departmental punishment, however, the same, as stated above, would not provide any redress to the petitioner. 4. The State Government has issued a detailed order dated 28.07.1989 which has been annexed as annexure no.1 to the Rejoinder Affidavit filed by the petitioner which contains a detailed procedure to be adopted for ensuring timely payment of the post retiral-dues to the employees who retire. The said Government Order also makes various provisions to simplify the procedure to remove the delay in making payment of post-retiral dues. One of the provisions contained in the said Government Order states that in case the service book of an employee has been lost, then, it should be reconstructed by the head of the office on the basis of pay bill Register and the other documents. The said Government Order further provides that in case it is not possible to reconstruct the service book, then the requisite affidavit shall be obtained from the retired employee for the purposes of counting qualifying service for reckoning post-retiral dues.
The said Government Order further provides that in case it is not possible to reconstruct the service book, then the requisite affidavit shall be obtained from the retired employee for the purposes of counting qualifying service for reckoning post-retiral dues. The aforesaid Government Order has been issued to be made applicable in case of government servants, however, I feel it appropriate that on similar lines, in the instant case, the matter of the petitioner who has retired from Nagar Panchayat, Beniganj, District Hardoi can also be resolved. 5. The petitioner has retired on 31.12.2006. Though, such a long period has elapsed since the petitioner retired, his pension and post-retiral dues have not been finalized till date. This is a concern which should be shared by all concerned including the Executive Officer of the Nagar Panchayat and the District Magistrate, Hardoi. 6. Thus, keeping in view the entire facts and circumstances of the case, the writ petition is finally disposed of with the direction to the Executive Officer, Nagar Panchayat, Beniganj, District Hardoi to ensure the payment of entire post-retiral dues including the pension to the petitioner within a period of two months from the date of production of certified copy of this order. 7. The Executive Officer shall act in accordance with law and will further take aid of the provisions contained in the Government Order dated 28.07.1989 issued by the Finance Department of the State Government to all heads of the departments and heads of the offices in the entire State of U.P. 8. The District Magistrate, Hardoi is also directed to supervise the entire exercise to be done by the Executive Officer, District Hardoi in terms of this order and ensure that the entire post-retiral dues are paid to the petitioner within the time as aforesaid. 9. For the aforesaid purpose, the petitioner will extend all cooperation to the Executive Officer, Nagar Panchayat, Beniganj, District Hardoi and will supply the documents, if available with him, to the Executive Officer. He shall file affidavit if it is so required by the Executive Officer in terms of the Government Order dated 28.07.1989. 10. The petitioner shall supply a copy of the Government Order dated 28.07.1989 along with fresh representation to the Executive Officer, Nagar Panchayat concerned as well as to the District Magistrate, Hardoi within ten days.
He shall file affidavit if it is so required by the Executive Officer in terms of the Government Order dated 28.07.1989. 10. The petitioner shall supply a copy of the Government Order dated 28.07.1989 along with fresh representation to the Executive Officer, Nagar Panchayat concerned as well as to the District Magistrate, Hardoi within ten days. While making representation, the petitioner shall furnish true copy of this order as well. 11. As observed above, on receiving copy of this order along with representation to be made by the petitioner, the matter shall be considered and decided and payment of post-retiral dues shall be made to the petitioner within a period of two months thereafter. 12. There will be no order as to cost.