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2017 DIGILAW 1768 (JHR)

Rajendra Prasad Singh v. State Of Jharkhand

2017-10-10

SHREE CHANDRASHEKHAR

body2017
ORDER Chandrashekhar, J. - Petitioner has come to this Court with a grievance that he has not been paid pension and gratuity on his superannuation from service on 31.08.2014. He is seeking quashing of letter dated 06.08.2014. 2. Briefly stated, the petitioner was appointed as Junior Engineer. He claims that he was lastly transferred to Khutpani Block under West Singhbhum, Chaibasa. Under National Rural Employment Programme he was given Rs. 6,68,902.00 for completion of different schemes. He claims that he executed the work and it was found satisfactory by the then Executive Engineer, NREP. In the meantime, the Executive Engineer namely, Rajendra Prasad Singh died in a road accident. Before his superannuation the petitioner was served letter dated 06.08.2014 under which it is indicated that only upon no objection for adjustment of Rs. 6,68,902.00 his claim shall be processed. The petitioner has asserted that after executing different schemes under NREP he had submitted voucher, measurement book and other documents to late Rajendra Prasad Singh, the then Executive Engineer. 3. Mr. K. P. Deo, the learned counsel for the petitioner submits that about 10 years after completion of work under different schemes, the petitioner cannot be forced to produce vouchers disclosing expenditure of Rs. 6,68,902.00. On the other hand, the respondent no. 7 by filing a counter affidavit has controverted the stand taken by the petitioner. It is pleaded that the petitioner did not complete the work. 4. On the question of delay, suffice would be to indicate that it was not only for the respondent authority to verify whether advance of Rs. 6,68,902.00 has been adjusted or not, petitioner was also required to see that necessary order for adjustment of the aforesaid amount has been issued by the competent authority. Claim of the petitioner that he has submitted necessary documents cannot be verified in the present proceeding, in particular, after death of the Executive Engineer. The claim of the petitioner thus involves disputed question of facts which evidently cannot be adjudicated in the present proceeding. However, the petitioner cannot be denied his postretiral benefits only on account of non adjustment of Rs. 6,68,902.00. Right of a government servant to receive pension renders letter dated 06.08.2014 unsustainable. 5. Accordingly, it is ordered that after retaining Rs. 6,68,902.00 all admissible postretiral benefits to the petitioner shall be paid within 4 weeks. In so far as, adjustment of Rs. 6,68,902.00. Right of a government servant to receive pension renders letter dated 06.08.2014 unsustainable. 5. Accordingly, it is ordered that after retaining Rs. 6,68,902.00 all admissible postretiral benefits to the petitioner shall be paid within 4 weeks. In so far as, adjustment of Rs. 6,68,902.00 is concerned, the petitioner may produce necessary documents and/or evidence that he had, infact, submitted vouchers, measurement book and other documents with late Rajendra Prasad Singh, Executive Engineer. A decision on adjustment of Rs. 6,68,902.00 shall be taken by the Executive Engineer respondent no. 4 on verification of the actual status of work under different schemes executed by the petitioner, within 3 months, and payment as assessed by the respondent no. 3 shall be made, within 1 month after that. 6. The writ petition stands disposed of with the above directions.