Shobha Kant Jha v. The State of Bihar
Case at a glance
- Bench
- KISHORE KUMAR MANDAL
Outcome
Disposed of
The application stands disposed of
Judgment
2. 3. 4. 5. 6. Versus The State of Bihar A.G. Bihar, Patna. Director, Higher Education Bihar, Patna. D.E.O., Bhagalpur. Provident Officer, Bhagalpur. Treasury Officer, Bhagalpur.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Pravina Kumari (Rai), Advocate. For the Respondent/s : Mr. Indeshware Pd. AC to GA 7 For the A.G., Bihar : Mr. L.P.K. Rajgrihar, Standing Council. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 5 09-02-2012 Heard learned counsel for the petitioner, the State and Mr.L. P.K. Rajgrihar, learned counsel for the Accountant General. A supplementary counter affidavit has been filed on behalf of the respondent no.2 after service which is taken on record. Petitioner superannuated as Head-Master of High School under the State Government w.e.f. 28.2.2007. He filed the present writ petition for payment of post retiral dues such as fixation of pension and payment thereof including the arrear of pension, gratuity, leave encashment and commuted value of pension as per the new scale of pay which was sanctioned in favour of the petitioner (super time scale) at the rate of Rs.
12750/-. Petitioner has also prayed for interest on delayed payment of arrear of pension in terms of the Circular of the Government. In the supplementary counter affidavit, the respondents have stated 2 Patna High Court CWJC No.1809 of 2009 (5) dt.09-02-2012 as under in paragraph nos. 5,6 ,7 and 8: “ Para-5: That vide paragraph no.-5 of the earlier counter affidavit it was submitted that on the basis of promotion in Supertime scale the pay of the petitioner was revised to Rs. 12750/- and authorised. The pay slip was issued vide no. 29100811017240 and the petitioner was requested to submit a bill for pre-audit, which is still awaited, despite issue of reminder vide no. GE-XI-1025 dated 10.08.2009. Para-6: That on the basis of the revised pay of Rs. 12750/- provisional 90% pension and gratuity had also been authorised and the fact had been submitted vide paragraph no. -6 of the earlier affidavit. Para-7: That the Human Resource Department vide Department vide letter no.
753 dated 29.05.2009 sanctioned residual 10% Pension, 10% gratuity and commuted value of pension and all the three authorities had been issued vide nos. : Pension- 02/Pen 130709021143/436463p2 @ Rs. 9563 /- calculated at fifty percent on Rs. 12750/- Plus Rs. 6375/- D.P. Gratuity- 02/Pen-130709021143/436463G2 for balance Rs. 35000/- against the admissible gratuity for Rs. 3,50,000/- and after adjusting Rs. 3,15,000/- authorised earlier. (iii) Commutation- 02/Pen-130709021143/436463C for the Rs. (ii) (i) 4,50,279/- (iv) Revised authority for pension in light of 6 PRC has also been authorised vide no. PEN-270911020743/436463P3 dtd. 28-10-11(copy enclosed ) Para-8: That admissibility of unutilized earned leave for encashment for 126 days had been reported vide no. GE-XI-j-7-2319-20 dated 12-2-2009 and on receipt of sanction, the authority was issued vide no. 1G.E.-XI-523- 25 dated 19.6.2009.” It, thus, appears that the grievance of the petitioner has substantially been redressed.
If the petitioner has not been paid arrear of pension, he can approach in this regard before the authority whereafter the aforesaid claim shall also be examined and necessary orders for payment of arrear of pension in the light of authorization already made by the Accountant General, shall be passed. Learned counsel for the petitioner has also contended that the 3 Patna High Court CWJC No.1809 of 2009 (5) dt.09-02-2012 petitioner would be entitled to interest. On going through the writ petition, relevant pleadings in this regard have not made inasmuch as the Circular of the Government on which the petitioner places reliance has not been enclosed therewith. The provision granting interest at the rate of 5% per annum on delayed payment of pension/ gratuity is conditional. Petitioner has to lay claim in this regard whereafter the said claim can be examined with reference to records and the authority is required to take decision in consultation with the Finance Department.
Operative part
It, thus, manifests that such claim of the petitioner is required to be raised before the appropriate authority of the State. In view of the statements made in the supplementary counter affidavit, this Court is satisfied that substantial grievance of the petitioner has already been redressed. For the payment of interest on the delayed payment of pension/gratuity, petitioner is at liberty to file his claim in this regard before the appropriate authority along with a copy of the present order within 04 weeks whereafter the same shall be examined by the authority and an appropriate decision in accordance with law shall be taken thereon within 02 months from the date of filing of such representation. Learned counsel submits that the appropriate authority would be the District Education Officer, Bhagalpur (respondent no.4). The application stands disposed of. (Kishore Kumar Mandal, J) Shyam/-
Precedent status how later indexed judgments have treated this case
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