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2020 DIGILAW 138 (JHR)

Anand Prakash Narayan v. State of Jharkhand

2020-01-20

S.N.PATHAK

body2020
JUDGMENT : 1. Heard learned counsel for the parties. 2. Petitioner has knocked door of this Court with a prayer for a direction upon the respondents to fix pension and make payments thereof and further to release other retiral dues such as group insurance, gratuity amount, arrears of salary due from 15.02.2016 to 15.06.2016 (period of deputation in District Transport Head Quarter, Ranchi), leave encashment and other retiral dues. 3. Learned counsel for the petitioner submits that though petitioner has already retired on 30.09.2017 after serving the department for 37 long years, but in spite of running from pillar to post, retiral dues and other service benefits has not been released in his favour as yet. 4. Mr. Atanu Bannerjee, learned Sr. SC-III submits that respondents shall release the admitted dues as expeditiously as possible. 5. It is surprising that time and again orders have been passed by this Court to pay admitted dues of an employee who has rendered unblemished service but still proper steps have not been taken by them so that an employee gets his retiral and other admitted dues within time. In view of pendency of large number of cases on the issue of payment of retiral dues, while passing order in W.P.(S) No. 2676 of 2016, this Court had taken serious view of the matter and passed a general order on 17.06.2019 specifically mentioning therein as under: “8. Be that as it may. Having gone through the rival submissions of the parties and considering the fact that no decision has been taken on the pending representation of the petitioner and also considering the fact that large number of cases in regard to retirement benefit matters are pending in this Court, I am constrained to pass a general order that the concerned Government servants or their legal heirs and representatives should raise their claims afresh by filing representation in which they should give full details of their claims and also full address for communication henceforth before the concerned Heads of Departments, who shall grant a receipt in token thereof. The Heads of the respective Departments shall get the entire claim filed before him examined through various concerned authorities including Director, Provident Fund, District Provident Fund Officers and finally dispose them of by a reasoned order dealing with each and every claim separately and shall also issue necessary sanction order/authority slip for payment of admitted dues with statutory interest as well as the interest as per various, Government circulars/decisions taken in that regard within a period of 16 weeks from the date of the receipt of the claim. 9. Let it be made clear that the main responsibility for payment of all the admitted dues of the concerned Government servant shall be of the Heads of the concerned Departments. In case of any dispute in regard to any of the claims, they shall assign reasons for not accepting the same and shall communicate to the concerned Government servant within the aforesaid time. All the formalities such as filing of the indemnity bond or succession certificate etc., are to be completed by the claimant, then they must be communicated much before the expiry of the said period so that the claimant may meet the said requirement and the delay in payment of the legitimate dues is avoided. 10. The Accountant General, Jharkhand, who is represented by Mr. Sudarshan Shrivastava is directed to issue necessary authority slip within a period of one month of the receipt of the sanction order from the concerned authority in the State Government. 11. It is also made clear that non-compliance of any part of the aforesaid directions by any of the concerned authorities would constitute contempt of this Court and will be seriously viewed. This Court may also consider to award heavy penal interest and cost besides imposition of punishment in the contempt proceeding against the concerned Heads of the Departments/Accountant General, Jharkhand, which shall be realised from their pocket. 12. Let a copy of this order be handed over to the learned Advocate General for forwarding it to the Chief Secretary, who shall circulate it to all the Heads of the Departments for its strict compliance. The Office is further directed to send a copy of this order directly to the Chief Secretary, Government of Jharkhand and to the Director, G.P Fund, Jharkhand for circulation and its strict compliance. 13. Let a copy of this order be also handed over to Mr. The Office is further directed to send a copy of this order directly to the Chief Secretary, Government of Jharkhand and to the Director, G.P Fund, Jharkhand for circulation and its strict compliance. 13. Let a copy of this order be also handed over to Mr. Sudarshan Shrivastava, learned counsel for the Accountant General, for its strict compliance.” 6. In view of specific order and direction of this Court, Notification dated 28.06.2019 has been issued by the Chief Secretary, Government of Jharkhand. However, in spite thereof, petitioner has not yet been paid his admitted dues and has been constraint to move before this Court. 7. Having heard counsel for the parties, I hereby direct the respondents to release entire admissible dues in favour of the petitioner within a period of one month from the date of receipt/ production of a copy of this order, along with a cost of Rs.25,000/- to be paid to him as the same has not been paid even after long period of time though specific order has been passed by this Court in W.P.(S) No. 2676 of 2016 and also in view of Notification issued by the Chief Secretary of the State dated 28.06.2019. The Secretary of the Transport Department shall examine the matter and shall ensure payment and whoever is responsible for non-payment of the admissible dues, shall pay the cost of Rs.25,000/- to the petitioner. The cost amount shall be recoverable from the authorities who is responsible for non-payment of the admitted dues to the petitioner in view of the order of this Court and also in view of Notification dated 26.08.2019 of the Chief Secretary. 8. This writ petition stands disposed of with aforesaid observations and directions.