High Court
Case Details
WP(C) 1909/2013 PRESENT HON’BLE MR JUSTICE UJJAL BHUYAN
Legal Reasoning
Heard Mr. M.R.Hazarika, learned counsel for the petitioner, Mr. J.Patowary, lear ned Standing Counsel, PWD(Roads) and Mr. C. Baruah, learned Standing Counsel, Ac countant General. Also heard Mr.U.K.Nair, learned Standing Counsel, Department o f Pension and Public Grievances. On 17.5.2013, this Court passed the following order :- (cid:28)The matter pertains to pension and other retirement benefits. The petitioner is presently 84 years old. His initial appointment under the respondents was as MR Labour in the office of the respondent No.5. His service was regularised in 198 4 and thereafter he retired from service on attaining the age of superannuation on 1989 on completion of more than 24 years of service.
Decision
When pension and other retirement benefits was not paid to him he had fil ed a writ petition being WP(C) No. 2975/2005, which was disposed of on 18.5.2005 directing the Commissioner and Secretary, PWD to take up the case of the petiti oner for payment of pensionary and other retirement benefits payable to him with in a period of two months. It was also provided that while disposing of the matt er the said authority should keep in mind that payment of pension and other reti rement benefits is a fundamental right of a retired person and in the event of u ndesirable and un-explained delay in payment of the same, the concerned persons are liable for payment of interest to be recovered from their salary etc. Even after expiry of long 8(eight) years, the petitioner is yet to get h is retirement benefits. When the matter was taken up on 29.4.2013, noticing the aforesaid facts, the learned counsel representing the respondents were directed to obtain instruction. Ms. R. Deka, learned Standing Counsel, PWD, submits that the pension papers have been sent on 18.3.2013. However, there is no explanation as to why there was so much of delay in sending the pension papers inspite of t he aforesaid orders passed on 18.5.2005. Mr. R.K. Talukdar, learned Standing Cou nsel, AG, submits that on receipt of the pension papers, the same have been retu rned back on 13.5.2013 seeking certain clarifications such as documentary proof of actual engagement on 1.4.1965, copy of relaxation order, etc. At this stage, Ms. R. Deka, learned Standing Counsel, PWD, submits that on earlier occasion also i.e. in 2011, pension papers were sent to the office o f the AG but on that occasion also were returned by the office of the AG. Amidst the aforesaid happenings, the unfortunate situation is that the petitione r at the age of 84 years is yet to receive his pension and other retirement bene fits. In view of the above, the respondents are directed to finalise the pensi on case of the petitioner by 22.5.2013 by observing required formalities and wor king day and night in the office. The payment of compensation and interest to be borne by the erring official for violation of the aforesaid order of this Court and delaying the matter indefinitely will be considered on the next date fixed. (cid:29) Again on 30.5.2013, when the case was taken up, the Court passed the following o rder :- The grievance of the petitioner in the present petition is relating to non-payme nt of pension, despite the order passed on 18.05.2005 in WP(C) No.2975/2005 dire cting the Commissioner & Secretary, PWD, Assam, to take up the case of the petit ioner for payment of necessary pension and other retiral benefit. Since despite such direction issued no pension has been paid, the petiti oner has filed the present writ petition in the year 2013. A Single Bench of thi s Court on 17.05.2013 directed the respondents to finalize the pension case of t he petitioner by 22.05.2013 by observing required formalities and working day an d night in the office. Mr. Patowary, learned standing counsel PWD and Mr. C. Baruah, learned st anding counsel Accountant General, referring to the respective affidavits filed, have submitted that since the objection has been raised by the office of the Ac countant General for not passing any order as required under proviso to Rule 31 of the Pension Rules, the matter was referred to the Pension and Public Grievanc es Department, who in turn has sent the same to the Finance Department for neces sary approval. Mr. Patowary, learned standing counsel further submits that as pe r instruction the said proposal is pending in the Finance Department. Ms. Verma, learned standing counsel Finance Department has submitted tha t the proposal has been sent to the Finance Department on 27.05.2013 and necessa ry decision on such proposal would be taken at the earliest. Since the petitioner’s case relating to the claim of pension has not bee n finalized despite his retirement in the year 1988, the Finance Department is a llowed time till 03.06.2013 to take a decision on the aforesaid proposal submitt ed and apprise this Court about the outcome of such consideration. (cid:29) Finally, on 4.6.2013, following order was passed :- (cid:28)Mrs. A. Verma, learned standing counsel, Finance Department, on the bas is of the instruction received, has submitted that the Finance Department has al ready accorded the approval by relaxing proviso to Rule 31 of the Assam Services (Pension) Rules, 1969, as a special case, to the proposal submitted by the Publ ic Works Department for payment of pensionary benefit to the petitioner and acco rdingly, the same has been communicated to the PWD yesterday, i.e. on 3rd June, 2013. Mr. J. Patowary, learned standing counsel, PWD submits that such appro val from the Finance Department has been received by the PWD yesterday and the s ame shall now be sent to the office of the Accountant General immediately. Having regard to the aforesaid submissions advanced, the Commissioner & Secretar y to the Government of Assam, PWD (Roads) is directed to send the said proposal alongwith the approval granted by the Finance Department, for payment of pension to the petitioner, to the Office of the Accountant General during the course of the day, by special messenger. The Accountant General by 12th June, 2013, shal l take a decision on the proposal to be sent by the PWD and, on the next date fi xed, shall apprise this Court about the decision that may be taken by the Accoun tant General. (cid:29) Today, when the matter is called upon, Mr. C.Baruah, learned Standing Counsel, A ccountant General has placed before the Court a copy of Pension Payment Order(PP O) issued by the office of the Accountant General to the Treasury Officer, Golag hat Treasury for payment of monthly pension to the petitioner and also for payme nt of gratuity. Thus the grievance raised by the petitioner has been redressed. However, from the orders passed by this Court as extracted above, it is clear t hat there were laches on the part of the administrative department leading to t he unavoidable delay in the settlement of the pension case of the petitioner, i n the process causing immense hardship to the petitioner, who is now 84 years ol d. Having regard to the order dated 17.5.2013, the Court is of the view that some c ost should be imposed on the administrative department i.e. PWD (Roads). Accord ingly, PWD(Roads),Assam shall pay a sum of Rs.25,000/- ( Rupees twenty five)onl y to the petitioner as cost. Commissioner & Secretary to the Govt. of Assam, PWD shall be responsible for such payment. The aforesaid amount shall be deposited in the Registry of this Court within a period of 4(four) weeks from today and th e same may be withdrawn by the petitioner or his authorised representative on proper identification. Writ petition is disposed of.