Ram Shankar Prasad v. The State Of Bihar through Principal Secretary –cum

Patna High Court CWJC No.22710 of 2012 (2) dt.07-03-2013 2 the next day of his retirement sanction orders of payment of his group insurance and gratuity were passed and provisional pension was fixed. The petitioner’s grievance with regard to other dues have been responded in the counter affidavit in various manners. In regard to leave encashment it is said that letter has been written to the Director, Land Acquisition to approve the payment in respect of 285 days. The letter has been written on

10.1.2013 ,that is, after three years of his superannuation. Why was the department waiting and for what they are waiting, all this time is not explained. Who delayed the matter is not explained. When we came to G.P.F, the situation is worse. The G.P.F, which is maintained by the government and should be with the government, is being asked to be furnished by the petitioner. In other words, the petitioner is being asked to furnish the details of money deducted by the government from his salary and allowance as also the interest that the government has credited in that account and that is the reason given for Patna High Court CWJC No.22710 of 2012 (2) dt.07-03-2013 3 delay in settlement of those accounts. In other words, what is being said is that because its officer and its offices have failed to do their duties and have failed to maintain the account in proper manner, the accounts of the petitioner cannot be settled and the money , which is due to the petitioner, having been deducted from his salary cannot be paid to him. Still the petitioner produced all those documents from different stations. A ridiculous situation and heart beat corruption. In this regard I direct the Special Land Acquisition Officer, Saharsa to take all effective steps including sending the special messenger to all over the places to collect the petitioner’s G.P.F. account and its detail and ensure its full quantification with proper interest for the entire period of the petitioner’s service and ensure its payment to petitioner within two months from the date of production of a copy of this order before him, failure to comply with the order within the time specified would make the said officer liable to be proceeded in contempt. Patna High Court CWJC No.22710 of 2012 (2) dt.07-03-2013 4 Now we come to more ridiculous part of the stand with regard to effect of 5th and 6th pay revision recommendations. The 5th pay revision recommendations were received in the year 1996 and implemented. The 6th pay revision recommendations were made effective from

1.1.2006. The petitioner superannuated on 31.1.2010. In all these years the authorities did not bother to revise payment of salary to the petitioner. The requests are now being made for permission to revise the petitioner’s salary. There is no explanation as to why State did not on its own revised the salary. What was creating for, there is no explanation. Now the petitioner, who is virtually bed ridden is being asked to submit all relevant papers for settlement of all dues. Why was not such demand made at the time when he was about to retire. What would happen if the petitioner died. Has any one thought or applied mind on those lines ? In my view, the service book has all informations in regard to pay scale, place of posting, revision of pay scale and if the authority had bothered to Patna High Court CWJC No.22710 of 2012 (2) dt.07-03-2013 5 look to the service book all these queries would have been redundant. Another issue that arises from this is that once effect is to be given to the 5th and 6th pay revision then the entire exercise with regard to pension, gratuity, leave encashment would have to be revisited at the new pay scale. I fail to understand, who has gained by all this discrepancies. This shows total lack of sensitivity on the part of the authority. I, therefore, have no option but to direct the Special Land Acquisition Officer, Saharsa to get all information from whatever sources and ensure that all calculations of pay revision, payment of arrears of pay, revision of pension, payment of full pension along with arrear, payment of gratuity, payment of leave encashment and G.P.F. be cleared and payment be made to the petitioner within two months from the date of production of a copy of this order before him and if there is any failure on this count for what ever reason then he shall be liable to be proceeded in contempt. The petitioner has also Patna High Court CWJC No.22710 of 2012 (2) dt.07-03-2013 6 pointed out that for some period i.e 1994-95 and 2006-07 salary has already been in arrear. The writ petition stands disposed of. (Navaniti Prasad Singh, J) singh/-