T. Hussain, S/o. Late Maniruddin v. Jharkhand State Agricultural Marketing Board
2018-03-19
SHREE CHANDRASHEKHAR
body2018
DigiLaw.ai
JUDGMENT : In this batch of writ petitions, the petitioners, who were employees of Bihar State Agricultural Marketing Board before bifurcation of the erstwhile State of Bihar on 15.11.2000 and superannuated from service under the respondent-Jharkhand State Agricultural Marketing Board, have approached this Court for a direction to the respondent-Jharkhand State Agricultural Marketing Board for payment of their post-retiral benefits. In some of the writ petitions additional prayer for grant of ACP/MACP benefits, travelling allowances, experience certificate and enhanced pay-scale have also been made. 2. In W.P.(S) No.5806 of 2017, the petitioner-Rana Pratap Singh has made additional prayer for grant of MACP benefits and pay-scale of Rs.8,000-13,500/- as well as travelling allowances. On the aforesaid prayers, it is pertinent to record that the petitioner himself has claimed that he was granted 1st and 2nd ACP benefits and vide office order dated 12.09.2014 he has been granted promotion to the post of Assistant Engineer. On grant of promotion, after this petitioner was granted 1st and 2nd ACP benefits, his claim for 3rd MACP cannot be granted and accordingly, this prayer is declined. Insofar as, pay-scale of Rs.8000-13500/- is concerned, the petitioners in W.P.(S) No.5806 of 2017 and W.P.(S) No.5810 of 2017, except making the aforesaid prayer, have not disclosed the foundation on which they are entitled for pay-scale of Rs.8000-13500/- and accordingly, in the present proceeding no direction for payment of the aforesaid pay-scale with effect from 01.03.2007 can be issued by the Court. In view of the fact that on this claim, no specific stand has been taken by the respondent-Jharkhand State Agricultural Marketing Board, these two petitioners, however, may approach the Managing Director Jharkhand State Agricultural Marketing Board for grant of pay-scale of Rs.8,000-13,500/-, indicating their specific stand and the notification/circular, if any, of the Board issued in this regard. Similarly, the claim for travelling/transport allowance shall also be decided by the Managing Director, on presentation of a representation which these two petitioners may submit within six weeks. However, the prayer seeking a direction to the Jharkhand Marketing Board to issue experience certificate to Yadunandan Prasad [WP(S) No.5810 of 2017] is rejected. 3. The Jharkhand State Agricultural Marketing Board has admitted that the order passed in WPS No.5410 of 2015 has already been complied by it. 4.
However, the prayer seeking a direction to the Jharkhand Marketing Board to issue experience certificate to Yadunandan Prasad [WP(S) No.5810 of 2017] is rejected. 3. The Jharkhand State Agricultural Marketing Board has admitted that the order passed in WPS No.5410 of 2015 has already been complied by it. 4. On payment of Gratuity and Group-insurance to all the petitioners, a common stand has been taken by the respondent-Jharkhand State Agricultural Marketing Board. It is pleaded that a part of the amount of Gratuity and Group-insurance are lying with the Bihar State Agricultural Marketing Board. The stand taken by the respondent-Jharkhand State Agricultural Marketing Board has not been controverted by the Bihar State Agricultural Marketing Board which has filed its counter-affidavit in the present proceeding. It is admitted by the Bihar State Agricultural Marketing Board that on division of assets and liabilities an amount of Rs.6,58,54,265/- which is 22.13%, that is the share allocated to the Jharkhand State Agricultural Marketing Board, has been withheld by the Bihar State Agricultural Marketing Board. In its affidavit dated 15.03.2018, the Administrator, Bihar State Agricultural Marketing Board has admitted that the aforesaid amount includes Group-insurance and Gratuity payable to the petitioners and other similarly situated employees. Filing of several writ petitions by the retired employees like the petitioners is within the knowledge of the Bihar State Agricultural Marketing Board-respondent no.3 is also reflected in paragraph no.11 of this affidavit. From letter dated 16.10.2017 which has been written by the Administrator-respondent no.3 it would appear that on account of some dispute on payment of share of the Bihar Government pertaining to TISCO Lease this amount of Rs.6,58,54,265/- has been withheld. On the above admission by the respondent no.3, that this amount includes Gratuity and Group-insurance payable to the erstwhile employees of Bihar State Agricultural Marketing Board who after the bifurcation were serving under the Jharkhand State Agricultural Marketing Board till they superannuated from service, withholding of such amount by the Bihar State Agricultural Marketing Board must be held illegal. 5. Why the post-retiral benefits payable to an employee cannot be withheld or forfeited except in accordance with the procedure prescribed under the law has long ago been indicated by the Supreme Court in “Deokinandan Prasad vs State of Bihar and Others” reported in (1971) 2 SCC 330 .
5. Why the post-retiral benefits payable to an employee cannot be withheld or forfeited except in accordance with the procedure prescribed under the law has long ago been indicated by the Supreme Court in “Deokinandan Prasad vs State of Bihar and Others” reported in (1971) 2 SCC 330 . This judgment of the Supreme Court has been referred to by this Court in its order dated 11.12.2017, while issuing direction to the respondents for payment of post-retiral benefits to the petitioners in this batch of writ petitions, in these words : “About half a century ago in “Deokinandan Prasad vs State of Bihar and Others” reported in (1971) 2 SCC 330 , a Constitution Bench of Supreme Court has held that the pension to an employee is not a gratuitous reward rather, it is statutory right akin to right to property under Article 300-A of the Constitution of India. It is also no longer in the realm of doubt that gratuity forms part of post-retiral benefits to an employee........” 6. Irrespective of any executive decision on withholding of the aforesaid amount of Rs.6,58,54,265/- the Secretary, Department of Agriculture, Government of Bihar is directed to release the amount of Gratuity and Group-insurance payable to the petitioners in this batch of writ petitions, within four weeks. 7. In its counter-affidavit the Jharkhand State Agricultural Marketing Board has indicated its difficulty in calculation of the post-retiral benefits payable to the petitioners, however, it has produced a chart which would indicate a tentative calculation on payment of post-retiral benefits to these petitioners. It has pleaded that leave encashment and provident fund amount have already been paid to the petitioners. Accordingly, the petitioners shall submit details of their service till 15.11.2000, that is, under the Bihar State Agricultural Marketing Board supported by documents, if any, and if there is any doubt over any period of their service under the Bihar State Agricultural Marketing Board, the respondent no.3 shall on communication from the respondent-Jharkhand State Agricultural Marketing Board supply necessary details within four weeks. However, in the meantime, payment of Gratuity and Group-insurance amount tentatively calculated by the Jharkhand-State Agricultural Marketing Board shall be paid by it to the petitioners, within four weeks. 8. Let copy of the order be given to the learned counsels for the respondents.