Man Mohan Roy vs State of Jharkhand and Others

R.R. Prasad, J.—Learned Counsel appearing for the petitioner is permitted to implead District Provident Fund Officer, Ranchi as party respondent no. 4.

The grievance which has been raised in this writ application is with respect to non-payment of 25% of the amopunt of pension and the gratuity and also non-payment of the amount of G.P.F and leave encashment.

Learned Counsel appearing for the petitioner submits that while the petitioner was on deputation in the Department of Industry got retired on superannuation on 31.12.2009 but still aforesaid amount has not been paid to the petitioner.

A counter affidavit has been filed on behalf of the respondent no. 2 where in it has been stated that necessary papers for payment of the retiral benefits have been sent to the Parent Department of the petitioner i.e, before the Secretary, Department of Personnel, Administrative Reforms and Rajbhasha on 6.11.2009.

Mr. S. Srivastava, learned Counsel appearing for the Accountant General submits that when the sanction order relating to payment of 75% of the pension and gratuity was received, the authority slip was issued for the payment of the same but with a stipulation that a sum of Rs. 5000/- be withheld for want of L.P.C.

Learned Counsel further submits that so far the matter relating to payment of leave encashment is concerned, the matter relating to it has been forwarded to the Department on 16.8.2011 and as soon as the sanction order is received, the authority slip would be issued for payment of the amount of leave encashment.

In view of he facts and circumstances stated above, this writ application is disposed of directing the petitioner to file representation putting forth all the claims which have been raised in this writ application before the Secretary, Department of Personnel, Adminsitrative Reforms and Rajbhasha, respondent no. 1 along with a copy of this order within a period of three weeks from today, so that respondent no. 1 may take decision in the matter relating to payment of rest of the amount of pension and gratuity within a period of eight weeks thereafter. Upon passing order sanctioning pension, the same be forwarded to the office of the Accountant General for doing needful in the matter.

At the same time, the petitioner is also directed to file a representation before the District Provident Fund Officer, Ranchi, respondent no. 4 putting forth his claim for payment of the amount of provident fund admissible to the petitioner. On receiving such representation, respondent no. 4 shall be doing needful in the matter so that payment of provident fund be made within eight weeks thereafter.