Anjani Kumar Sinha, son of Late Sahdeo Sinha v. State of Jharkhand
2016-04-29
PRAMATH PATNAIK
body2016
DigiLaw.ai
ORDER : Pramath Patnaik, J. In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to pay all retiral benefits with statutory and penal interest to which the petitioner is entitled to and further to grant 'Time Bound Promotion' as well as 'Assured Career Progression' benefits to the petitioner and salary for the period 1993 to 2003. 2. The facts, as disclosed in the writ application, in brief, is that initially the petitioner joined the services of the State of Bihar as a Supply Inspector in Sarikela Division and retired from Jarmundi Block, Dumka on 30.11.2002. After retirement, the petitioner has not been paid a single penny under any head of retiral benefits. It has further been averred that the petitioner was neither given first time bound promotion nor second time bound promotion whereas juniors to the petitioner have been given promotion by the erstwhile State of Bihar. It has further been submitted that in the meantime, the 6th Pay Commission has come into force but the petitioner has been denied the benefits till date. 3. Per contra, counter affidavit has been filed on behalf of respondents controverting the averments made in the writ application. It has been stated that since service book and last pay certificate of the petitioner were not received from the previous place, where he was lastly posted, by the drawing and disbursing officer, no action could be taken for payment of retiral dues of the petitioner. It has further been contended that the petitioner has also not submitted the pension form in prescribed forms before the authority, which is mandatory as per Rule 189 of the Jharkhand Pension Rule. It has further been submitted that the petitioner has neither submitted application for withdrawal of G.P.F amount nor contacted the department, hence, the department issued press release on 30.01.2015 in the newspaper for contacting petitioner to the respondent-Secretary of the department so that proper action may be taken for payment of pension etc. 4. Learned counsel for the respondents submitted that the service book as well as L.P.C of the petitioner was pending before the authority of State of Bihar and therefore, Secretary, Department of Food, Public District and Consumer Affairs, Government of Jharkhand, Ranchi wrote a letter to the Secretary, Food Bihar vide letter dated 30.01.2015 to provide the same immediately. 5.
4. Learned counsel for the respondents submitted that the service book as well as L.P.C of the petitioner was pending before the authority of State of Bihar and therefore, Secretary, Department of Food, Public District and Consumer Affairs, Government of Jharkhand, Ranchi wrote a letter to the Secretary, Food Bihar vide letter dated 30.01.2015 to provide the same immediately. 5. Referring to the supplementary affidavit dated 24.06.2015, learned counsel for the petitioner submitted that pension papers have been submitted by the petitioner on 30.08.2011 itself. Again when vide letter dated 31.01.2015 the Supply Officer, Dumka asked the petitioner to furnish the details, the petitioner vide his representation dated 19.02.2015 furnished all the details, but till date no payment has been made. 6. Learned counsel for the petitioner submitted that in the meantime more than 12 years have lapsed hence the petitioner is also entitled to statutory as well as penal interest. In support of this submission, learned counsel for the petitioner referred to a judgment rendered in the case of D.D. Tewari (D) Thr. LRs. v. Uttar Haryana Bijli Vitran Nigam Ltd. and Ors as reported in 2014 (4) JBCJ 110 [SC]. 7. Learned counsel for the respondents referring to the last counter affidavit filed on 10.07.2015 submitted that no pension paper has been submitted by the petitioner in spite of the repeated request made by the department. Hence, a reminder letter dated 28.05.2015 was issued by the District Supply Officer, Dumka to the petitioner referring to the letter earlier sent to him in this regard. It has further been averred that the Additional Secretary, Department of Food and Civil Supply, Bihar has written a letter to the Secretary, Department of Food and Civil Supply, Jharkhand, in reply of the enquiry made by the department about the posting of the petitioner from February, 1993 to 01.05.1995 that, there is no record available in the department in this regard. However, it was informed that the petitioner was given promotion to the Junior Selection Grade w.e.f 1.10.1995 vide memo dated 26.11.2002 issued by the Department of Food and Civil Supply, Bihar. 8. After having heard learned counsel appearing for the parties and on perusing the affidavits filed by the respective parties, it appears that time and again the respondents authorities have informed the petitioner to submit the necessary papers for extending benefits of retiral benefits.
8. After having heard learned counsel appearing for the parties and on perusing the affidavits filed by the respective parties, it appears that time and again the respondents authorities have informed the petitioner to submit the necessary papers for extending benefits of retiral benefits. But as per the specific averments made by the respondents-authorities, he failed to submit the same. 9. Be that as it may, there is no gainsaying of the fact that it is the respondents, who are the custodian of the service book and last pay certificates. It is duty of the respondents to complete all the necessary formalities for extending retiral benefits. At the same time, the petitioner, being the employee of the respondents authorities is also expected to co-operate with the department so that the matter of extending benefits of retiral dues can be expedited. 10. In view of the aforesaid facts, reasons and submissions made by respective parties, it would be apposite to dispose of the writ petition with a direction to the respondents, in particular respondent no. 3, to look into the grievances of the petitioner, and pay all admissible dues of the petitioner including retiral benefits as expeditiously as possible and preferably within a period of six months from the date of passing of this order, failing which, it shall carry simple interest as per law. 11. With the aforesaid observations and directions, the writ petition stands disposed of. Petition disposed of.