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2018 DIGILAW 2511 (JHR)

Srikant Mondal v. State Of Jharkhand

2018-11-20

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the parties. 2. With consent of the parties the writ petition is being disposed of at this stage without calling for counter affidavit. Petitioner superannuated from the post of Assistant Teacher on 31.05.2014 while working at Government Primary School, Bishanpur, Amrapara, Pakur. He had been given responsibility to carry out civil work / building construction of a primary school at Sajnipara, Amrapara Circle, Pakur during 2009-10, which according to him was completed during the period 2010-13 to the satisfaction of the authorities. He was repatriated to the original place of posting. After his retirement, Principal of the School issued no objection certificate, Annexure-1 dated 06.06.2014. However, he has been asked to deposit a sum of Rs. 3,00,036/- for issuance of no objection by the District Superintendent of Education, Pakur- Respondent no.5. On that ground his post-retirement benefits are not being released. The G.P.F and Earned Leave have been paid to him. 3. Learned counsel for the petitioner submits that petitioner has represented before the Deputy Commissioner, Pakur and District Superintendent of Education, Pakur vide Annexure-5 and 7 respectively for release of his post retirement dues. Petitioner is willing to explain and satisfy the respondent authorities that there are no outstanding advances or dues remaining against him. Therefore, appropriate direction may be issued to consider the case of the petitioner in accordance with law. 4. Learned counsel for the Respondent State submits that petitioner should explain his bonafide with supporting documents to justify his contention that the advances made to him towards execution of civil work for the period 2009-10 stands duly executed and are accounted for. In that case appropriate direction may be issued upon the competent authority to examine the petitioner''s claim and thereafter release any admissible dues. 5. Considered the submission of learned counsel for the petitioner and the State in the light of the relevant material facts borne on record. The claim of the petitioner for post retirement dues is dependent upon his satisfactory explanation on the issue of advance made to him towards execution of civil work in Primary School, Sajnipara, Pakur for the period 2009-10. Considered the submission of learned counsel for the petitioner and the State in the light of the relevant material facts borne on record. The claim of the petitioner for post retirement dues is dependent upon his satisfactory explanation on the issue of advance made to him towards execution of civil work in Primary School, Sajnipara, Pakur for the period 2009-10. Petitioner is therefore required to approach the competent authority / Respondent no.5, District Superintendent of Education cum District Programme Officer SSA, Pakur with proper representation and supporting documents explaining his position within a period of 3 weeks from the date of receipt of copy of this order. Competent authority/ respondent no.5 would examine the claim of the petitioner in the light of the explanation furnished and take an informed decision after scrutiny of relevant record in accordance with law within a period of 12 weeks from the date of such representation. Needless to say, dependent upon such determination, admissible dues if any, shall be released in favour of the petitioner. It is also observed that in case such determination entail return of any unpaid advance on the part of the petitioner, it would be the condition precedent for release of his admissible dues. 6. The writ petition is disposed of accordingly.