Court On Its Own Motion v. State Of Himachal Pradesh
2018-01-03
SANDEEP SHARMA, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sanjay Karol, A. C. J. - On the basis of letter petitions, this Court took suo motu cognizance and issued notice to the State. 2. In CWPIL No. 181 of 2017, letter petitioner Shri Hari Singh son of Shri Relu Ram, resident of Village Bansai, P. O. Goela Panner, Tehsil Nalagarh, District Solan, Himachal Pradesh, alleged that his old-age pension, which he was getting through Post Office, Goela Panner, Tehsil Nalagarh, District Solan, was suddenly stopped, without any prior intimation. For the last 6-7 months, he has not heard anything from the concerned Departments. We notice that he is an old man aged 82 years. 3. Similarly, letter petitioners in CWPIL No. 225 of 2017, have highlighted similar grievance, further elaborating that on account of posting of inadequate computer trained staff, more specifically in Rohru, Jubbal, Chopal & Theog, falling within District Shimla, Himachal Pradesh, old age pension is not being disbursed. These petitioners are residents of villages Larot, Kharshali, Khabbal, Sheladesh Lingan and Chirgaon, in District Shimla. 4. On 5. 12. 2017, this Court in CWPIL No. 181 of 2017, passed the following order: "Taking suo-moto cognizance of a Letter Petition, highlighting non-disbursement of Old Age Pension, for the last 6/7 months, this Court issued notice to the State. 2. We notice that the pensioner, who is living in Village Bansai, P,O. Goela Panner, Tehsil Nalagarh, District Solan, Himachal Pradesh, has not received his pension for the last 6/7 months and all this without any prior intimation or justifiable cause. The Letter Petitioner is aged 82 years and allegedly has no other source of income. 3. Response to the petition is yet to be filed. However, learned Advocate General, considering the hardship faced by the Letter Petitioner, assures that pending consideration, pension to the Letter Petitioner shall positively be released within a period of one week from today. 4. Considering the hardship faced by the Letter Petitioner and treating the case to be an exceptional one, we direct the District Welfare Officer, Solan, who is present in the Court, to ensure that pension/money is personally delivered to the rightful claimant at his residence under proper receipt. 5. We direct the Principal Secretary, Social Welfare and Empowerment to file his personal affidavit, stating the reasons which led to the delay in disbursement of such pension.
5. We direct the Principal Secretary, Social Welfare and Empowerment to file his personal affidavit, stating the reasons which led to the delay in disbursement of such pension. We further direct the said respondent to forthwith issue directions to all concerned for ensuring timely disbursement of the amount of pension under the Old Age Pension Scheme to the rightful claimants. Let an affidavit in that regard be also filed. List on 19. 12. 2017. " 5. On 16. 12. 2017, this Court in CWPIL No. 225 of 2017, passed the following order: "Mr. L. R. Dahiya, Assistant Post Master General in the office of Chief Post Master General, Shimla, Himachal Postal Circle, Shimla, is present. It appears that the post of Chief Post Master General is vacant. 2. From the affidavit so filed by Mr. Dahiya, Assistant Post Master General, it is apparent that money towards Social Security Pension is being deposited in the bank accounts of the beneficiaries, pursuant to Memorandum of Understanding dated 1. 6. 2017, entered into between Government of Himachal Pradesh and Department of Posts. 3. Mr. Dahiya, states that in so far as Department of Posts is concerned, there is no difficulty in actually having the money delivered to the beneficiaries through Money Orders at their doorsteps. 4. We are of the considered view that keeping in view the geographical condition and topographical location of State of Himachal Pradesh, more so when most of the territory within the State is hilly, beneficiaries must receive their money at their door-steps. We cannot expect an infirm and handicapped person to walk the hilly terrain for 2-5 kms only for the purpose of receiving the pension. Of course, it being a different matter that he may himself choose to do so. Also as on date, there are no cases of complaints known to us. 5. From the affidavit, it is also clear that in the area, where letter-petitioner resides i. e. Village Larot, Tehsil Chirgaon, District Shimla, Himachal Pradesh, amount of Social Security already stands disbursed to 213 beneficiaries at their door-steps. Remaining 62 beneficiaries of said Village shall be informed of their amounts having been deposited in the accounts opened in the post office. 6.
Remaining 62 beneficiaries of said Village shall be informed of their amounts having been deposited in the accounts opened in the post office. 6. It is in this backdrop, we are of the considered view that Government of Himachal Pradesh and Department of Posts must sit together to explore the possibility of having an alternate arrangement for ensuring that money is delivered to the beneficiaries at their door-steps. 7. Needful be done within a period of three weeks from today. Respondents No. 1 and 2 shall file their affidavits of compliance before the next date of hearing. 8. We direct respondent No. 2 to meet respondent No. 1 in his office on 20. 12. 2017 at 10. 00 AM. List on 3. 1. 2018. Copy dasti. " 6. From the response, so filed, it appears that the disbursement of the amount of pension/benefits under the Social Security Schemes, at the doorstep, was discontinued on account of the decision taken by the Government. 7. Shri L. R. Dahiya, Assistant Post Master General has filed his affidavit dated 1. 1. 2018, pointing out that for timely disbursement of the pension to the beneficiaries, inter alia, the following decisions stand taken: "(A) It has been decided to continue to disburse pension amount at their door-steps for all infirm and handicapped beneficiaries who have disability of 70% and above or have age of 80 years and above as per MoU. (B) It was also decided to facilitate the disbursement at door steps through their authorized messenger for those inform/old persons who do not fall in above said categories, but choose this method of withdrawal of pension amount from their SB Accounts. (C) In deserving case to case basis, the Postal Department will also facilitate door-step delivery wherever there are some infirm/handicapped persons incapable to draw his pension from the Post Office. (D) For all other cases, the pension will continue to be disbursed through saving account wherein the pension holders may withdraw his pension amount as per their need and requirement. " 8. Vide judgment dated 14. 11. 2017, passed in CWPIL No. 133 of 2017, titled as Court on its own motion vs. State of H. P. & others, we have already held right to a sum of money is property. Deprivation of such right violates Article 21 of the Constitution of India.
" 8. Vide judgment dated 14. 11. 2017, passed in CWPIL No. 133 of 2017, titled as Court on its own motion vs. State of H. P. & others, we have already held right to a sum of money is property. Deprivation of such right violates Article 21 of the Constitution of India. It is not only a constitutional right but as a model employer, the State is duty bound under the Constitution to disburse the emoluments within time. While dealing with a case where the State had failed to pay salary to the nurses of a Government Medical College, the Court disposed of the petition with the following directions: "39. In the light of the aforesaid discussion and position of law, in exercise of our writ jurisdiction, we deem it necessary to pass the following directions:- A. The Chief Secretary to the Government of Himachal Pradesh, shall provide a mechanism for enabling the employees to vent out their grievances of non-disbursement of due and admissible wages/salaries/emoluments. And one such mechanism being of setting up a ''Web Portal'' at the level of the Principal Secretary/Secretary of the concerned Department(s), where the employees can lodge their grievances/complaints. Such grievances/ complaints shall be processed and adequately responded to within a period of one week. This would facilitate speedy redressal of genuine grievances and prevent unnecessary litigation, clogging the wheels of administration of justice. Such endeavour shall not only be in the spirit of Litigation Policy, framed by the State Government. We see great advantage in the use of information and technology. Not only it would result into effective and efficient redressal of grievances, if any, but also improve efficiency in the affairs of governance of the State.
Such endeavour shall not only be in the spirit of Litigation Policy, framed by the State Government. We see great advantage in the use of information and technology. Not only it would result into effective and efficient redressal of grievances, if any, but also improve efficiency in the affairs of governance of the State. B. All the Head of Departments of Government of Himachal Pradesh/Government Institutes/State Instrumentalities to ensure that in future emoluments to all employees of their respective Departments/Institutes are disbursed in time; C. In case of said emoluments not being disbursed on schedule, except in the event of the emoluments being withheld as per law, the State/Instrumentality of the State shall be liable to compensate the employees concerned by paying statutory interest or the existing rate for saving bank deposit account provided by the State Bank of India, whichever is higher; D. Immediately thereto, the Head of the Departments /Instrumentality of the State shall hold an inquiry, which shall be completed within a period of 30 days, to ascertain the omission on the part of the concerned person, resulting in delay of disbursement on schedule; and E. Pursuant to the findings of the inquiry, the interest which stands paid to such employee, shall be recovered from the erring officer(s)/officials(s). We direct the Chief Secretary to the Government of Himachal Pradesh to ensure compliance of the above directions and file affidavit within a period of four weeks. " 9. We are informed that within the State of Himachal Pradesh there are at least one lac beneficiaries who are getting pension by way of social security through the agency of the Post Office. We appreciate the efforts put in by the learned Assistant Solicitor General of India in persuading the authorities for adopting the required attitude and approach of sensitivity towards such of those persons who on account of their ailment, incapacity or long distance cannot walk up to the Post Office for withdrawing the amount, which in itself is meager. It is Rs. 1000/- per month. Significantly within the State of Himachal Pradesh, the Postman is still considered to be an honest government official. He is the face of the government. He is considered to be a man of authority, for he empowers the needy. 10. We have already observed that the geographical condition and the terrain and topography of Himachal Pradesh is difficult and harsh.
Significantly within the State of Himachal Pradesh, the Postman is still considered to be an honest government official. He is the face of the government. He is considered to be a man of authority, for he empowers the needy. 10. We have already observed that the geographical condition and the terrain and topography of Himachal Pradesh is difficult and harsh. Beneficiaries hail from rural/ agrarian background. Yes, they must participate in the initiative of the Government of India of use of information and technology as means for social, economic empowerment, but then this cannot be done overnight. People do have bank accounts but then they are at distant places. Hence it is with this background, need to continue to pay the amount through the Postman becomes imperative. 11. As we have already observed, authorities have already taken decision of disbursing the amount through agency of Postman, hence, we close the present proceedings. 12. Before parting, we wish to place on record with appreciation qua the efforts put in by Mr. Ajeet Sharma and Ms. Leena Guleria, learned Amicus Curiae, who, on the instructions of this court, contacted the letter petitioners and obtained the necessary feedback. 13. Registry is directed to send a copy of this judgment to the Chief Postmaster General, H. P. Circle, Shimla - 171 009, for necessary action as well as to the letter petitioners to enable them to take follow up action with the concerned authorities. With the aforesaid observations, present petitions stand dispose of.