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2018 DIGILAW 1785 (JHR)

Sukiya Hari And Anr v. State Of Jharkhand

2018-08-08

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - In W.P.(S) No. 1059 of 2018 objection raised on payment of Court-Fee, is waived. Both the petitioners are seeking payment of post-retiral benefits payable to their father. 2. On an understanding amongst the learned counsels appearing for the parties that prayer made in this batch of writ petitions shall be confined to a direction upon the respondent-JMADA to pay post-retiral benefits to the petitioners, the following order is passed: 3. The petitioners have claimed that they were validly appointed under the respondent-MADA (now JMADA) and they have superannuated from service, still they have not been paid their post-retiral benefits. Timely payment of post-retiral benefits is a statutory obligation of the employer and in appropriate cases where it is found that for no fault of the employees post-retiral benefits have not been paid, the employees have been granted interest on delayed payment of post-retiral benefits [refer State of Kerala & Ors. vs. M. Padmanabhan Nair , (1985) 1 SCC 429 . 4. The learned counsel for the respondentJMADA, however, has raised a plea of financial crunch in the Authority. It is submitted that in view of limited resources available to Jharkhand Mineral Area Development Authority a policy decision has been taken to pay post-retiral benefits to its employees in instalments. 5. While refraining from commenting upon the policy framed by the Authority to pay post-retiral benefits to its employees in installments, it is necessary to indicate that judicial experience shows that the undertaking given by the respondent-Authority has not been honored in several cases and, compelled, the employees have approached this Court time and again. It is high time when a caution is issued to the respondent-Authority to religiously follow the Court''s directions and its own undertaking tendered in the Court. 6. The learned counsel for the respondentAuthority, on instructions, submits that these writ petitions may be disposed of with liberty to the respondentAuthority to take a final decision in the matter and make payment of a part of post-retiral benefits to the petitioners within 20 weeks. This prayer is objected by the learned counsels appearing for the petitioners. They have raised a plea that the petitioners have no objection if interest @ 10% is awarded to them for this 20 weeks. 7. This prayer is objected by the learned counsels appearing for the petitioners. They have raised a plea that the petitioners have no objection if interest @ 10% is awarded to them for this 20 weeks. 7. Accordingly, these writ petitions stand disposed of with liberty to the respondent-Authority to take a final decision in the matter within six weeks and make payment of first installment of post-retiral benefits to the petitioners within next four weeks thereafter. Alternatively, a liberty is reserved with the respondent-Authority to take a decision and make payment within 20 weeks, however, interest @ 10% shall be paid to the petitioners on the first installment payable to them. It is further directed that the Authority shall continue to make regular quarterly payments to the petitioners and other employees who have superannuated from service. 8. Writ petitions are allowed in the aforesaid terms.