Krishna Singh vs The State of Jharkhand and Others

Narendra Nath Tiwari, J.—In this writ petition, the Petitioner has prayed for a direction on the Respondents to pay his retiral dues, such as pension, gratuity, amount of leave encashment, amount of G.P.F., group insurance and arrears of salary for the period from September, 2008 to January, 2009 and other service terminal and retiral benefits to which the Petitioner is entitled to get after his retirement.

It has been submitted that the Petitioner, after serving the department, retired on 31st January, 2009 as Sub Inspector of Police on attaining the age of superannuation. After retirement, the Petitioner was entitled to get all his service terminal and retiral benefits, but till date the said benefits have not been paid to the Petitioner. The Petitioner made several requests and filed representation, but no order has been passed by the Respondents.

Learned J.C. to A.G., appearing on behalf of the State, submitted that if the Petitioner files fresh representation, the same shall be considered and appropriate order shall be passed by the Respondents without further delay.

Considering the said submissions made by learned Counsel for the parties, this writ petition is disposed of, giving liberty to the Petitioner to file fresh representation, regarding his claim, along with a copy of this order, before the Superintendent of Police, Khunti-Respondent No. 6. On receipt of the representation, the said Respondent shall consider the same and pass appropriate order in accordance with law within a period of six weeks from the date of receipt of the representation.

If one or the other claim(s) of the Petitioner is/are found genuine, the admitted amount shall be paid to the Petitioner within a period of six weeks thereafter with statutory interest. If the admitted amount is not paid within the said period, the Petitioner shall be entitled to get additional interest @ 10% per annum till final payment.

The State Government shall be at liberty to realise the amount of additional interest from the erring official(s).