Babu Ram Kisku (aged about 70 years) son of Late Lakhan Kisku, Resident of v. 1. The State of Jharkhand the Principal Secretary, through Department of Home, Government of
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1674 of 2022 Babu Ram Kisku (aged about 70 years) son of Late Lakhan Kisku, Resident of Village – Goradih, P.O. – Kamaldori, P.S. Baorijor, District - Godda Petitioner … … Versus 1. The State of Jharkhand the Principal Secretary, through Department of Home, Government of Jharkhand, at – Project Building, P.O. & P.S. – Dhurwa, District – Ranchi 2. The Director General of Police, Government of Jharkhand, at – Project Building, P.O. & P.S. – Dhurwa, District – Ranchi 3. The Senior Superintendent of Police, Dhanbad, at, P.O., P.S. & District Dhanbad 4. The Senior Superintendent of Police, Dumka, at, P.O., P.S. & District – Dumka 5. The Accountant General, Jharkhand, at, P.O. & P.S. – Doranda, … Respondents District - Ranchi … CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner For the State For the Resp. No.5 08/13.12.2024 2.
Legal Reasoning
--- : Mr. V.P. Singh, Sr. Advocate : Mrs. Bandana Kumari Sinha, Advocate : Mrs. Moushmi Chatterjee, AC to GA V : Mr. Amit Kr. Verma, Advocate --- Heard the learned counsels for the parties. This writ petition has been filed for the following reliefs: “i). to pay the arrear salary of the petitioner for the months of June, 2006 to February, 2009 payable by and under the order of the Respondent - Senior Superintendent of Police, Dhanbad (hereinafter to be called as Sr. S. P., Dhanbad or the Respondent No. 3 only); ii). to pay the arrear salary to the petitioner for the months of March, 2009 to September, 2010 payable by and under the order of the Respondent - Senior Superintendent of Police, Dumka (hereinafter to be called as Sr. S. P., Dumka or the Respondent No. 4 only); iii). to pay the difference of correct and full salary and the salary which had been paid at minimum basic, in absence of last pay certificate (L.P.C.) from Dhanbad District, to the petitioner for the months of October, 2010 till his retirement i.e., 31-07-2012 payable by and under the order of the Respondent No. - 4; iv). to give the benefits of M.A.C.P. with effect from the year 2010 and/or from due date, as the petitioner had already got the benefits of 1st and 2nd A.C.P.; v) to direct the Respondents, including the Respondent No. 5, for taking all appropriate steps / actions for correct revision of the pension and pensionary benefits of the petitioner by taking in to consideration correct fixation of his last pay as claimed above and payment thereof; vi). To pay all above benefits / arrears with interest; AND/OR for issuance for any other appropriate writ (s) / order (s) / direction (s) / rule (s) in the facts and in the circumstances of this case.” 3. The learned counsel for the petitioner has referred to order dated 13.05.2024 wherein a reference was made to the counter- affidavit dated 12.01.2023 filed by the respondent no.3 with regard to redressal of grievance of the petitioner for payment of salary from June 2006 to January 2009 vide treasury voucher dated 04.01.2023. The learned counsel for the petitioner has submitted that so far as the grievance of the petitioner from Dhanbad is concerned, the same has already been redressed, but certain dues are required to be released from the district of Dumka where the petitioner was posted. The petitioner has retired from the district of Dumka on 31.07.2012. 4. The learned counsel appearing on behalf of the respondent- State, has referred to the counter-affidavit dated 18.06.2024, filed by SDPO, Jarmundi, Dumka, and has submitted that so far as the grievance of the petitioner in connection with the district of Dumka is concerned, the same is under active consideration and admissible dues will be released in favour of the petitioner shortly. She submits that once admissible dues are released, appropriate steps will also be taken for sending the documents to the office of learned Accountant General (AG) so that the pension of the petitioner be released and the grievance of the petitioner is ultimately redressed. She submits that for doing the needful i.e. for payment of admissible dues and for sending of the pension paper to AG office at least 8 weeks would be required and she is not aware as to what development has taken place after the filing of affidavit dated 18.06.2024. 5. At this, the learned counsel for the petitioner has submitted that the petitioner has retired way back as on 31.07.2012 and some interest may be directed to be paid to the petitioner in connection with the dues which are payable to the petitioner. 6. After hearing the learned counsel appearing for the parties and considering the facts and circumstances of this case, this Court finds that the petitioner does not have any surviving grievance in connection 2 with the district of Dhanbad, and certain admissible dues has also been released from the district of Dhanbad in favour of the petitioner, but certain formalities are yet to be completed by the district of Dumka as mentioned in the affidavit dated 18.06.2024. From perusal of the affidavit, it appears that there are certain admissible dues which are payable to the petitioner, but the amount has yet not been quantified. 7. In the aforesaid circumstances, this Court hereby directs the respondent no.4 to expeditiously take up the matter regarding payment of admissible dues of the petitioner and the amount be remitted in the account of the petitioner within a period of 10 weeks from today. 8. It is further directed that the aforesaid authority shall also take steps so that the relevant records are transmitted to the office of Accountant General (AG) for final fixation of the post-retiral benefits. 9. So far as the prayer for payment of interest is concerned, this Court finds that the petitioner was subjected to certain disciplinary proceeding and ‘no objection certificate’ was issued to the petitioner only on 24.08.2017 as is apparent from Annexure - 3. It also appears that certain retiral dues have already been paid to the petitioner, but certain dues remained to be paid and some amount has been paid during the pendency of this case. Considering the aforesaid facts and circumstances, if the admissible dues payable by the respondent no.4 is not paid to the petitioner by the respondent no.4 within the aforesaid time, the petitioner would be entitled for interest at the rate of 8% per annum from the date of filing of this writ petition i.e. 07.04.2022 till
Decision
payment. 10. This writ petition is disposed of. 11. Pending interlocutory application, if any, stands closed. Saurav (Anubha Rawat Choudhary, J.) 3