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2025 DIGILAW 1045 (GAU)

Tamuli Takoh v. State of Arunachal Pradesh

2025-06-16

ROBIN PHUKAN

body2025
JUDGMENT : ROBIN PHUKAN, J. Heard Mr. T.T. Tara, learned counsel for the petitioner and also heard Mr. S. Tapin, learned Senior Government Advocate for the State respondents. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent Nos.1 and 3 to grant the petitioner pension and other financial benefits and also to submit his final pension papers to the respondent No.4, so as to enable the respondent No.4 to process the pensionary benefits of the petitioner. 3. Mr. Tara, learned counsel for the petitioner submits that the petitioner had retired as Superintending Engineer in the Public Health Engineering and Water Supply (PHE&WS) Department of the Government of Arunachal Pradesh on 30.04.2023. But the respondent authorities have not submitted the final pension papers of the petitioner, for which the respondent No.4 could not process the final pension papers of the petitioner and that the pension and gratuity matters are the entitlement of the petitioner, which he earned through his long, continuous, faithful and unblemished service and the same has been recognized as a property and as such, the right to these benefits cannot be denied without due process of law in view of Article 300A of the Constitution of India and also in view of Central Civil Services (CCS) Pension Rules, 1972. In support of his submission, Mr. Tara has referred to a decision of Hon’ble Supreme Court in the case of State of Jharkhand & Ors. v. Jitendra Kumar Srivastava & Anr. , reported in (2013) 12 SCC 210 and under such circumstances, Mr. Tara contended to dispose of this petition by directing the respondent Nos.1 to 3 to grant pensionary and other financial benefits, which the petitioner is legally entitled to, in a time bound manner. 4. Per contra, Mr. Tapin, learned Senior Government Advocate submits that the pension papers with all relevant documents were submitted to the respondent No.4, the Director of Audit & Pension, Government of Arunachal Pradesh vide letter dated 27.07.2024 and that the petitioner in the meantime has submitted an application requesting for an exemption from passing departmental accounts examination and the same was duly forwarded to the Secretary, PHE&WS Department, Govt. of Arunachal Pradesh and the petitioner has verbally requested to process the pension papers only after approval of exemption of passing the departmental accounts examination and waiver of recovery of excess drawal by the Government. However, the Government has regretted the proposal for exemption on 12.01.2024, for which the pension papers of the petitioner could not be settled and that the service book of the petitioner was sent to the Director of Audit & Pension for IPS checking and considerable delay occurred in the said Directorate and that after the prayer of the petitioner for exemption being regretted, the pension papers of the petitioner is submitted to the Director of Audit & Pension with all required documents for approval. 5. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record. 6. It appears from the submission of Mr. Tapin, learned Senior Government Advocate for the State respondents and also from the paragraph No.8 of the writ petition that the respondent Nos.1 and 3 have submitted the pension papers of the petitioner to the respondent No.4 i.e. the Director of Audit & Pension with all requisite documents for approval. 7. It is to be noted here that it is well settled in catena of decision of Hon’ble Supreme Court that pension and pensionary benefits are not bounties, but it is earned by the employee through his long, continuous, faithful and unblemished service and the aforesaid benefits are recognized as a property as enshrined in Article 300A of the Constitution of India and the said benefits cannot be denied without due process of law. Reference in this context can be made to a decision of Hon’ble Supreme Court in the case of Jitendra Kumar Srivastava (supra) 8. Under such circumstances, this Court is inclined to dispose of this writ petition by directing the respondent No.4 to finalize the pension papers of the petitioner and also to release other pensionary benefits within a period of 4(four) weeks from date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and place the same before the respondent authority within a period of one week from today. 9. The petitioner shall obtain a certified copy of this order and place the same before the respondent authority within a period of one week from today. 9. In the event of failing to finalize the pension and pensionary benefits of the petitioner within the period of 4(four) weeks from the date of receipt of certified copy of this order, then the same shall carry interest @9% per annum from the date on which the 4(four) weeks’ time will elapse, till the date of payment.