IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 1068 of 2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 1068 of 2012
Indradeo Jha
…… Petitioner
Versus The State of Jharkhand & ors.
…… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE D. N. PATEL ­­­­­­­­­
For the Petitioner
: Mr. Anjani Kumar Verma, Advocate
Mr. Amit Kumar Verma, Advocate
For the State :
J.C. to Sr. S.C.­II
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th
11/Dated: 11 April, 2014
1.
Learned counsel for the petitioner submitted that despite the order passed by this Court in the writ petition bearing W.P. (S) No. 3024 of 2005 dated 16th January, 2012, the amount of pension and gratuity has not yet been st
paid to the petitioner. The petitioner has retired on 31
July, 2010
. Against the aforesaid judgment, a letters patent appeal bearing L.P.A. No. 376 of 2012 was preferred by the State, which was dismissed on 1st August, 2013 and despite the dismissal of the letters patent appeal, the respondents have not yet paid the amount of pension and gratuity. Moreover, it is submitted by learned counsel for the petitioner that an order has been passed on 3rd May, 2013 in this very contempt application and it has been observed in paragraph 5 of the said order that the State is seeking time for one month for entire payment of the dues which is legally payable to the petitioner. Despite this order also, no such payment has been made and an affidavit has been filed by the District Superintendent of Education, Dhanbad on 6th February, 2014 that the Government has written some letter on 12th November, 2013 to the office of the Accountant General for final fixation of the amount of gratuity and pension and as and when same is finalized, the amount of pension and gratuity will be paid to the petitioner.
2.
Having heard learned counsel for the State and looking to the affidavit filed by the District Superintendent of Education, Dhanbad, it appears that the respondent­State has not taken any care of his retired employee. By simply writing a letter to the office of the Accountant General, never brings to an end the duty of the State to make the payment of the amount of pension and gratuity. A letter written by the Government should be followed up properly, but, it appears that the District Superintendent of Education, Dhanbad is satisfied by writing his letter and, thereafter, no efforts have been put by him. The District Superintendent of Education cannot expect the retired employee to ­2­
go at the office of the Accountant General. It is a duty of the District Superintendent of Education, Dhanbad to do proper follow up of his own letter th
dated 12 November, 2013 for final fixation of amount of pension and gratuity
. st
The petitioner­employee has already retired on 31 July, 2010
.
3.
In view of the aforesaid facts, I hereby direct the District Superintendent of Education, Dhanbad not to withdraw salary till further order of this Court. I also direct the Chief Secretary of the State as well as the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi as well as the Deputy Commissioner, Dhanbad not to make the payment of salary to the District Superintendent of Education, Dhanbad till further order of this Court or till the final payment towards the amount of pension and gratuity is made to the petitioner. Once the final amount towards the pension and gratuity is made to the petitioner, the stay will come to an end, automatically. Thus, the stay against the payment of salary of the District Superintendent of Education, Dhanbad will be continued either till further order of this Court or till legally payable amount towards gratuity and pension is paid to the petitioner, whichever is earlier. It appears that the high ranking officer of the State are not taking care of the retired employees and they cannot expect the retired employee will come at the office of the Accountant General for getting the final sanction of pension and gratuity.
4.
Registry is, hereby, directed to send a copy of this order initially by FAX and, thereafter by registered post to:
(a)
The Chief Secretary of the State;
(b)
The Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi;
5.
(c)
The Deputy Commissioner, Dhanbad; and
(d)
The District Superintendent of Education, Dhanbad
If the District Superintendent of Education, Dhanbad is a self drawing officer, he shall not prepare bill of his salary.
6.
The matter is adjourned to be listed on 16th May, 2014.
(D.N. Patel, J.)
Ajay/