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2016 DIGILAW 1089 (JHR)

Birendra Singh v. State of Jharkhand

2016-07-19

H.C.MISHRA

body2016
ORDER : Heard learned counsel for the petitioner and learned counsel for the Respondent-State as also learned counsel for the Accountant General, Jharkhand. 2. The petitioner was appointed as Junior Engineer in the Road Construction Department on 5.5.1998 and has since retired on 31.1.2015. At the fag end of his service, the petitioner was transferred from Road Construction Department to Building Construction Department vide Notification dated 03.09.2014 as contained in Annexure–2 to the writ application. Though the service of the petitioner was handed over to the Building Construction Department, but no place of posting was intimated to the petitioner. Petitioner, however, gave his joining in the Building Construction Department and was waiting for his posting in the said Department. It is the case of the petitioner that the petitioner was not given posting till 31.1.2015, even though he had given his joining to the Building Construction Department on 9.9.2014 itself. On 31.1.2015, the petitioner was informed to join as Assistant Engineer in Building Construction Department at Ghatshila. The petitioner gave his joining on the said post on 31.1.2015 and he superannuated on that day itself. The petitioner has filed this writ application stating that even though the petitioner has since retired, but his salary from the month of September 2014 to January 2015, Transfer allowance, benefit of 2nd MACP due to the petitioner since the year 2008 itself, his other retiral benefits including the gratuity, have not been paid to the petitioner as yet. 3. Counter affidavit has been filed on behalf of the Road Construction Department, Ranchi, wherein, it is stated that since the period of waiting for posting has not been regularised as yet, 90% provisional pension/gratuity has been sanctioned in favour of the petitioner and the Department has also sanctioned the amount equal to the unutilized earned leave in favour of the petitioner. As regards the benefit of 2nd MACP, it is stated that same is awaiting for clearance from Cabinet Vigilance and Lokayukta Vigilance and as soon as both the clearances are available, the matter of the petitioner shall be put up before the Department of Screening Committee for approval of the MACP Scheme in favour of the petitioner. 4. As regards the benefit of 2nd MACP, it is stated that same is awaiting for clearance from Cabinet Vigilance and Lokayukta Vigilance and as soon as both the clearances are available, the matter of the petitioner shall be put up before the Department of Screening Committee for approval of the MACP Scheme in favour of the petitioner. 4. A counter affidavit has also been filed by Respondent No.6, Accountant General of Jharkhand, stating that the Authority letter and Pension Payment Order for 90% pension and leave encashment equivalent to 300 days of the petitioner as also the salary slip up to the date of his retirement have already been issued. It is the stand of the Accountant General that other payments of the petitioner is awaited for sanction by the State Government. 5. From the record, it is thus apparent that the payment of 10% of the pensionery benefits, 2nd MACP, Transfer Allowance, Gratuity of the petitioner have not been paid, for no fault on the part of the petitioner, rather it has been withheld due to the fact that the petitioner was not given appropriate posting by the respondents from September 2014 to January 2015, till the petitioner superannuated from service, and in this regard, it is the stand of the State that regularisation of this period is under process and as soon as the process is completed, the payments shall be made to the petitioner. 6. In view of the stand of the respondent authorities, the respondents are directed to forthwith complete all the formalities and to make the payments of the remaining dues of the petitioner, i.e., 10% of the pensionery benefits, the salary due, if any, 2nd MACP if applicable, Transfer Allowance, if due, Gratuity etc., positively within the period of six months from the date of communication/production of the copy of this Order, with statutory interest as may be applicable. In case the payments are not made within the period of six months as aforesaid, the interest at the rate of 6% per annum shall be payable on all the dues of the petitioner, including on the statutory interest as applicable, w.e.f. the date of his retirement. 7. This writ application is accordingly, allowed with the directions as above.