Siya Ram Singh vs State of Jharkhand

Mr. Pramath Patnaik, J. - Heard learned counsel for the parties.

In the accompanied writ petition, the petitioner has, inter alia, prayed for a direction on the respondents to fix and pay the pension, remaining 10% of Gratuity, financial benefit of 3rd Modified Assured Career Progression Scheme granted to the petitioner, difference of leave encashment in lieu of grant of benefit of 3rd Modified Assured Career Progression Scheme and other retiral dues including 40% of commuted pension with interest @ 18% per annum from the date of superannuation i.e. 31.01.2015 till the actual payment.

A counter affidavit has been filed by the respondent nos. 1 to 4, wherein in paragraph-7, it has been mentioned that petitioner after retirement from service on 31.01.2015 has received a total sum of Rs.36,80,656/- out of which Rs.2,23,068/- has been paid against group insurance with interest on 17.03.2015, Rs.17,89,788/- towards GPF with interest on 25.03.2015, Rs.7,30,300/- towards cash amount against unused earned leave on 25.03.2015, Rs.9,00,000/- towards 90% provisional gratuity on 25.03.2015 and Rs.37,500/- on time transfer grant and packing allowance on 22.05.2015. It has further been submitted that the bill of difference of balance pay and earned leave encashment on account of benefit of 3rd MACP have been submitted to Treasury Office. It has further been submitted that the pension along with needful document has been sent to Accountant General, Jharkhand vide letter no.170 dated 15.03.2016 (Annexure-B series to the counter affidavit).

After hearing learned counsel for the parties and on perusal of the counter affidavit, it appears that almost all the grievances of the petitioner has already been redressed in view of specific averment made in the counter affidavit.

Learned counsel for the petitioner submits that liberty may be given to the petitioner to approach the competent authority for payment of unpaid admissible retiral dues and in that eventuality, petitioner would file a representation relating to his grievance.

Learned counsel for the State has no objection to the same.

Since the relief sought for in the writ petition has almost redressed and the grievance of the petitioner has become infructuous, this writ petition is disposed of with a liberty to the petitioner to file a representation annexing the relevant documents for payment of admissible post retiral dues before the concerned respondent within a period of two weeks from today. On receipt of representation, the concerned respondent shall consider the same on its own merit and pass a reasoned and speaking order, which shall also be communicated to the petitioner within a period of four weeks from the date of receipt of representation.

It is needless to mention that if the grievance of the petitioner is found to be genuine and is entitled for unpaid admissible post retiral dues, the same shall be paid within a period of four weeks thereafter.

With this observation, this writ petition stands disposed of.