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2023 DIGILAW 1085 (JHR)

State of Jharkhand v. Sashikala Murmu

2023-08-28

NAVNEET KUMAR, SUJIT NARAYAN PRASAD

body2023
ORDER : Sujit Narayan Prasad, J. I.A. No. 6731 of 2023 [In LPA No. 722 of 2018] 1. At the outset learned counsel for the applicant has submitted that in the Interlocutory Application inadvertently name of the wife of the deceased-employee has been mentioned as ‘Rashikala Murmu’ which may be permitted to be corrected as ‘Shashikala Murmu’, as it is the correct name of deceased-employee. 2. Such submission has been made in presence of learned counsel for the State of Bihar and State of Jharkhand, who did not raise objection to such prayer. 3. In view thereof, learned counsel for the applicant is permitted to carry out necessary correction in the instant application. 4. The instant Interlocutory Application has been filed for substitution of name of sole respondent-writ petitioner who died during pendency of instant appeal. 5. It has been submitted that the sole respondent-writ petitioner, namely, Mistry Kisku died on 29.01.2023 during pendency of instant intra-court appeal leaving behind his wife Sashikala Murmu as his legal heir. Therefore, prayer has been made to substitute the name of Sashikala Murmu in the memo of appeal in place of deceased-husband, Late Mistry Kisku. 6. Learned counsel for the State of Bihar and State of Jharkhand did not raise objection to the prayer made by learned counsel for the applicant. 7. In view of submissions advanced by learned counsel for the parties, the instant Interlocutory Appliation is allowed. 8. Let necessary correction be carried out in the memo of appeal in course of day. 9. Accordingly, Interlocutory Application No. 6731 of 2023 stands allowed. 10. L.P.A. No. 722 of 2018 11. In pursuance to order passed by this Court on 3rd July, 2023 and 27th July, 2023, the State of Bihar has filed counter affidavit on 28th July, 2023. 12. Mr. S.P. Roy, learned G.A. (Bihar), referring to counter affidavit, has submitted that the deceased employee-Mistry Kisku was released on 13.12.2017 by the State of Jharkhand to give his joining before the State of Jharkhand and accordingly he gave his joining in General Administrative Department, Government of Bihar on 22.12.2017 wherefrom vide Office Order No. 46 dated 05.02.2018, he was asked to give his joining in Munger Forest Division, Munger but he did not give his joining and in the meanwhile he superannuated from service on 28.02.2018. However, vide Office Order No. 214 dated 03.05.2023 of General Administrative Department, Government of Bihar the services of late Kisku as Divisional Clerk Munger Division has been regularized from 14.12.2017 to 05.02.2018. However, the period from 06.02.2018 to 28.02.2018 is still to be regularized, as would appear from letter dated 24.07.2023, Annexure B to the counter affidavit. It has further been stated by referring to paragraph 14 of the affidavit that after regularization of service of Late Kisku, the pension and other retiral dues shall be finalized and paid after fixation of his last pay drawn and fulfillment of other requisites. In the backdrop of aforesaid fact, six months’ time has been sought for finalization of death-cum-retiral dues. 13. The instant appeal has been filed by the State of Jharkhand challenging order dated 21.02.2018 passed in W.P. (S) No. 2446 of 2010, by which order dated 18.12.2009 whereby services of the writ petitioner handed over to the State of Bihar and order dated 13.12.2017 by which the petitioner was relieved from the State of Jharkhand to the State of Bihar were quashed and set aside, on the ground that the State of Jharkhand is having no liability to make payment of pensionary/retiral dues. 14. Notices were issued to respondent-State of Bihar, who appeared and now has conceded to their liability to make payment of pensionary/retiral dues of the writ petitioner by filing counter affidavit and in that view of the matter, learned counsel appearing for the appellant-State of Jharkhand has submitted that in view of averment made in the counter affidavit filed by the State of Bihar and argument advanced by learned counsel for the State of Bihar, the instant appeal may be disposed of. 15. We have heard learned counsel for the parties, perused the documents available on record, in particular the averments made in the counter affidavit by the State of Bihar, wherein the liability has been accepted and it has been stated that the endeavours are being taken for release of pensionary/post retiral benefits along with consequential benefits. It has been stated that the State of Bihar is in the process of making payment for which six months’ time has been sought for. 16. It has been stated that the State of Bihar is in the process of making payment for which six months’ time has been sought for. 16. This Court, therefore, is of the view that the State of Bihar since has accepted the liability of making payment of pensionary benefit and other post retiral benefits, the instant appeal is required to be disposed of in view of submissions advanced by learned counsel for the parties but the time as prayed for by learned counsel for the State of Bihar for making payment appears to be unreasonable since it is question of disbursement of post retiral benefit and family pension. 17. Accordingly, the Principal Secretary, Environment, Forest and Climate Change, State of Bihar is directed to make payment of all retiral/pensionary benefit (family pension), if applicable, along with all consequential benefit within a period of two months from the date of receipt/production of copy of this order. 18. With the aforesaid observations and directions, the instant intra-court appeal stands disposed of. L.P.A. No. 788 of 2018 19. In pursuance to order passed by this Court on 3rd July, 2023 and 27th July, 2023, the State of Bihar has filed counter affidavit on 28th July, 2023. 20. Mr. S.P. Roy, learned G.A. (Bihar), referring to counter affidavit, has submitted that Ruben Minz, husband of writ petitioner joined his service on 02.01.1981 as Routine Clerk in Criminal Investigation Department, Bihar. From 08.05.1991 to 03.08.1991 he was posted at Commissioner Office, North Chota Nagpur Division as an Assistant. From 05.08.1991 to 12.11.2000 he was posted at Patna High Court and thereafter at Jharkhand High Court as Assistant. From 16.09.2012 to 14.08.2020 he was posted in Criminal Investigation Department, Bihar as Upper Division Clerk. However, before superannuation the writ petitioner died on 14.08.2020. Admitting the liability of post death-cum-retiral benefit of the writ petitioner, learned counsel for the State of Bihar has submitted that all the death-cum-ritral benefits have been paid to the writ petitioner and even daughter of the deceased-employee, has been appointed as Lower Division Clerk on compassionate ground vide Memo dated 26.06.2023. It has been submitted that so far as payment of ACP/MACP is concerned, it is submitted that it is under active consideration and after due sanction it will be paid. 21. It has been submitted that so far as payment of ACP/MACP is concerned, it is submitted that it is under active consideration and after due sanction it will be paid. 21. The instant appeal has been filed by the State of Jharkhand challenging order dated 10th October, 2018 passed in W.P. (S) No. 4069 of 2010, which was disposed of in terms of order passed in W.P. (S) No. 2446 of 2010, which is subject matter of L.P.A. No. 722 of 2018. 22. Notices were issued to respondent-State of Bihar, who appeared and now has conceded paid al the death-cum-retiral benefits to the petitioner and even the daughter of the petitioner has been given appointment on compassionate ground and in that view of the matter, learned counsel appearing for the appellant-State of Jharkhand has submitted that in view of averment made in the counter affidavit filed by the State of Bihar and argument advanced by learned counsel for the State of Bihar, the instant appeal may be disposed of. 23. This Court having heard learned counsel for the parties, perused the documents available on record, in particular the averments made in the counter affidavit by the State of Bihar, wherein it has been submitted that all death-cum-retiral benefits have been given to the petitioner and even the daughter of the petitioner has been given appointment on compassionate ground. Further so far as benefits on account ACP/MACP is concerned the same is under active consideration before the respondents-authorities, is of the view that nothing remains to be adjudicated in this appeal. 24. Accordingly, the Principal Secretary, Department of Home, State of Bihar is directed to extend the benefit of ACP/MACP to the petitioner within a period of two months from the date of receipt/production of copy of this order. 25. With the aforesaid observations and directions, the instant intra-court appeal stands disposed of. 26. Pending Interlocutory Application, if any, stands disposed of.