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2023 DIGILAW 658 (JHR)

S. Mustaq Khan v. State of Jharkhand

2023-05-09

RAJESH SHANKAR

body2023
JUDGMENT : The present writ petition has been filed for quashing the letter as contained in memo no. 3217 dated 06.10.2020 (Annexure-6 to the writ petition) issued by the respondent no. 6 – the Assistant Commandant, CISF Unit STPP Simhadri, Vishakhapatnam, whereby the petitioner’s retiral benefits i.e., full pensionary benefits along with other post retiral benefits have been denied on the ground of pendency of a criminal case being Bhawnathpur P.S. Case No. 40/1991, corresponding to G.R. No. 262/1991 mentioning that the petitioner did not face the trial and was declared absconder as well as permanent warrant of arrest for securing his attendance was issued by the court of C.J.M, Garhwa to put him on trial, however, on enquiry, the petitioner found that no such proceeding was pending against him in any court in the district of Garhwa. Further prayer has been made for issuance of direction upon the concerned respondents to make payment of retiral dues with arrear of pension along with penal interest as withholding the same on the ground of pendency of a criminal case is completely illegal, arbitrary and against the settled principles of law. 2. Reference may be made to order dated 29.07.2022 passed in the present case, which reads as under: “It is the specific case of the petitioner that earlier he was dismissed from the services on 12.08.2011 and thereafter, in Appeal, the order of dismissal was modified and substituted to compulsory retirement from service with full pensionary benefits vide order dated 04.11.2011. Thereafter, the petitioner made several representations for payment of retiral benefits as the order of dismissal has been modified. However, the same was not paid on the ground of pendency of criminal case and also on the ground of non-regularization of the suspension period from 01.08.1993 to 12.02.1994. Thereafter, the petitioner approached the concerned Court regarding trial of the case, where he was informed that the entire records of the case are not available. Admittedly, after modification of order of dismissal to order of compulsory retirement, the petitioner become entitled for retiral benefits in accordance with law but the same has not been paid for last 11 years. Even the writ petition was filed in the year 2021 and the respondents filed their counter affidavit taking a specific stand that since criminal case is pending, the petitioner is not entitled for benefits of compulsory retirement. Even the writ petition was filed in the year 2021 and the respondents filed their counter affidavit taking a specific stand that since criminal case is pending, the petitioner is not entitled for benefits of compulsory retirement. Under such circumstances, I hereby direct the respondent No. 4, to calculate the amount for which the petitioner is entitled for and pay the same within a period of three weeks and file specific affidavit regarding payment made to the petitioner before the next date of hearing. List this case on 25.08.2022. Let it be made clear that if the amount, for which the petitioner is entitled for, is not paid before the next date of hearing, the respondent No. 4, the Deputy Inspector General/ DAE, CISF, New Delhi shall remain physically present in the Court to explain as to why the petitioner is not entitled for the benefits, as prayed for and whether the pendency of the criminal case will come in the way of releasing the benefits of compulsory retirement to the petitioner.” 3. Subsequent to the said order, a supplementary counter affidavit dated 26.09.2022 has been filed on behalf of the respondents sworn by the Assistant Inspector General (A.I.G)/Sr. Commandant, CISF ES HQrs., Ranchi stating inter alia that the order dated 29.07.2022 passed by this Court has been complied and the payment of provisional pension along with arrears have already been made to the petitioner. It has further been explained in the counter affidavit that the amount of provisional pension along with arrears from 16.08.2011 to 31.07.2022 has been credited into the saving bank account of the petitioner total amounting to Rs.13,98,273/- (Rs.13,060 + Rs.13,85,213/-). The respondents have further stated that efforts have been made by them for making payment of pensionary benefits to the petitioner and accordingly, the petitioner has been sanctioned provisional pension of Rs.5035/- and Dearness Relief along with Fixed Medical Allowance (FMA) as admissible from time to time with effect from 16.08.2011 (FN) till date vide letter No. RPAO/CISF/MHA/ PENSION/726/2022-1255 dated 24.08.2022. The petitioner has also been granted revised provisional pension of Rs.9,000/- w.e.f. 01.01.2016 as per 7th Central Pay Commission and Dearness Relief as well as Fixed Medical Allowance as admissible from time to time vide letter No. RPOA/CISF/MHA/PENSION/726/2022-655 dated 06.09.2022. The petitioner has also been granted revised provisional pension of Rs.9,000/- w.e.f. 01.01.2016 as per 7th Central Pay Commission and Dearness Relief as well as Fixed Medical Allowance as admissible from time to time vide letter No. RPOA/CISF/MHA/PENSION/726/2022-655 dated 06.09.2022. As per the authority letter issued from Regional Pay and Accounts Office (RPAO) Chennai, sanction for the payment of Rs.13,060/- to the petitioner has been accorded towards provisional pension along with FMA for the period from 01.07.2022 to 31.07.2022 vide sanction order No. 46/2022 as contained in letter No. 1701 dated 06.09.2022 issued by the Dy. Commandant, CISF Unit, STPP Simhadri and the same has been credited in the Savings Account No. 230310100044302 on 08.09.2022, UTR No. SBIC300156616916 of the petitioner. The authorization of arrears of provisional pension to draw a sum of Rs.13,85,213/- for the period from 16.08.2011 to 30.06.2022 in respect of the petitioner has also been issued vide letter No. RPOA/CISF/MHA/CHN/726/2022-656 dated 06.09.2022. As per the said authorization letter, sanction for the payment of Rs.13,85,213/- to the petitioner has been accorded towards arrears of provisional pension for the period from 16.08.2011 to 30.06.2022 vide sanction order No. 47/2022 as contained in letter No. 1707 dated 07.09.2022 issued by the Dy. Commandant, CISF Unit, STPP Simhadri and the same has been credited in the petitioner’s aforesaid savings bank account. The petitioner has also confirmed that both the amount i.e., Rs.13,060/- and Rs.13,85,213/- have been credited in his saving account. 4. At this juncture, learned counsel for the petitioner submits that the petitioner is also entitled for other retiral benefits, however, he has not been able to specify as to which other retiral benefits the petitioner is entitled for. 5. Considering that the provisional pension has already been fixed in favour of the petitioner and that the arrears of provisional pension has also been paid to him, he is given liberty to prefer a fresh representation specifying the rest of the retiral benefits which he claims as due to be paid by the concerned respondent. On receipt of the said representation, the competent authority shall take appropriate steps for release of other admissible retiral dues in favour of the petitioner, if any. The competent authority shall also pass a reasoned order towards fixation of final pension of the petitioner, if there is no legal impediment. On receipt of the said representation, the competent authority shall take appropriate steps for release of other admissible retiral dues in favour of the petitioner, if any. The competent authority shall also pass a reasoned order towards fixation of final pension of the petitioner, if there is no legal impediment. The entire exercise shall be completed by the competent authority within six weeks from the date of filing of the representation. 6. The writ petition is disposed of with aforesaid liberty and direction. I.A. No. 7723 of 2022 also stands disposed of.