Sahdev Pd. Mandal vs The State of Jharkhand and Others

Aparesh Kumar Singh, J.—Heard learned counsel for the parties.

The petitioner has retired on 31.01.1010 as Panchayat Sewak from the office of Block Development Officer, Dumka while he was on deputation there.

The grievance of the petitioner is that his post retirement dues such as provident fund, earned leave encashment, final pension have not been paid. He has made further prayer for payment of arrears of salary for certain period from May, 2005 to February, 2006 and from October, 2008 to January, 2010 as also arrears of 6th Pay Revision. The petitioner has also made a prayer for payment of arrears of salary as per annual increment from 2005 along with interest.

The respondents have appeared and filed their counter affidavit. At para-9 of their counter affidavit, the amounts, which have been withdrawn by the writ petitioner from Dumka Treasury, have been indicated, which are under the heads of 6th Pay Revision Bill, increment bills, arrears pay increment bill, earned leave increment bill, provisional gratuity, pension bill and group insurance amount totalling Rs. 8,26,715/-. Amount of advance Rs. 6,28,809/- has been adjusted through cheque No. 274076 on the request of the petitioner to the BDO, Dumka. Rest amount was received by the petitioner through cheque Nos. 274074 and 274075 of Rs. 1,16,250/- and Rs. 81,656/- respectively. It has been stated that action is being taken for payment of his final pension and amount of his GPF.

Learned counsel for the respondents submits that the petitioner has not submitted application in a proper form for payment of retiral dues including joint photographs of himself and his wife. Reference has been made to the letters by which the petitioner has been reminded to submit the pension papers duly completed in all respect so that necessary action can be taken for forwarding the pension paper to the Accountant General, Jharkhand.

Learned counsel for the respondents have also submitted that the petitioner had been imposed with a punishment of stoppage of two annual increments vide order dated 28.01.2010, Annexure-C. In sum and substance, according to the respondents, delay in payment of retiral benefits was on account of his own fault. If the petitioner would complete the formalities, his pension paper and GPF claim can be forwarded to the office of Accountant General and the concerned office for issuance of Authority Slip in his favour and payment.

Counter affidavit has been filed in February, 2012, but the petitioner has not rebutted the aforesaid contention.

Learned counsel for the petitioner submits that if the petitioner has any remaining grievances relating to finalization of pension and GPF, he may be given liberty to approach the Competent Authority for redressal of his grievances after completing all necessary formalities.

Having heard learned counsel for the parties and in the facts and circumstances, it appears that the majority of the grievances of the petitioner for payment of post retirement dues and arrears of salary for certain period including 6th pay revision have already been redressed. However, it further appears that the petitioner has not completed the proper formalities for finalization of pension and provident fund amount.

In such circumstances, if the petitioner'' pension and GPF amount have not yet been released, he is at liberty to approach the respondent No. 2, Deputy Commissioner, Dumka through proper channel with a fresh representation duly supported with all necessary facts and documents and also complete all necessary formalities including pension paper etc. for his remaining grievances. On receipt of the same, the respondent No. 2, Deputy Commissioner, Dumka shall consider the same in accordance with law and after due verification of his relevant service records and on being satisfied that all necessary formalities have been completed, take a decision for issuance of necessary sanction for payment of admissible final pension and gratuity within a period of 12 weeks thereafter. In respect of GPF amount, the necessary paper be forwarded to the office of District Provident Fund Officer concerned for release of the same thereafter.

Needless to say, on receipt of the sanction order from the competent authority/respondent No. 2, Deputy Commissioner, Dumka, the respondent No. 6, Accountant General, Ranchi, would examine the same and issue authority slip in favour of the petitioner, if there are no legal impediments, within a reasonable time preferably within a period of four weeks thereafter.

Accordingly, the writ petition is disposed of in the aforesaid manner.