The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3650 of 2023 Anand Kumar, retired Range Forest Officer, aged above sixty years Son of late Jadunandan Roy, Resident of Flat No. - 302, Krishna Shree Apartment, Anantpur, P.O.- Doranda, P.S.-Chutiya, District- Ranchi- 834002. Petitioner … … Versus 1. State of Jharkhand and others through the Additional Chief Secretary of Forest, Environment and Climate Change Department, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, District- Ranchi- 834004. 2. Deputy Secretary, Forest, Environment and Climate Change Department, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, District- Ranchi-834004. 3. Principal Chief Conservator of Forest, Government of Jharkhand, Van-Bhavan, P.O. & P.S.- Doranda, District- Ranchi- 834004. 4. Conservator of Forest, Working Plan Circle, Chaibasa, Jamshedpur, Van-Bhavan, P.O. & P.S.- Sonari, District- Jamshepur-831011. 5. Additional Chief Secretary, Planning-cum-Finance Department, Government of Jharkhand, Project Bhavan, P.O. & P.S.- Dhurwa, District- Ranchi- 834004. 6. Additional Chief Secretary, Government of Jharkhand, Personnel, Administrative Reforms and Rajbhasha Department, Project Bhavan, P.O. & P.S.- Dhurwa, District- Ranchi- 834004. 7. Principal Accountant General, Jharkhand, P.O. & P.S.- Doranda, … Respondents District- Ranchi- 834004. … --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Resp.- State For the Resp. No. 7
Legal Reasoning
--- : In-person : Mr. Amitesh Kumar Geasen, Advocate : Mr. Rohit Sinha, Advocate --- 11/09.04.2024 The petitioner in-person and the learned counsel for the respondents are present. 2. This writ petition has been filed for the following reliefs: “I. For issuance of an appropriate writ in the nature of mandamus or any other appropriate writ, order or direction commanding upon the Respondents to fix and release at once the pension in old scheme of the Pension Scheme of the Petitioner (In-Person) along with following retiral financial scheme, Pension Commutation of Pension-cum-retirement Gratuity and Leave Encashment, TA for settlement at a station after Retirement benefits which is due from 31st March, 2023:- (a) Henceforth, disbursement of Entire Gratuity amount, (b) Immediate fixation-cum-commutation of full and final pension which is due from the date of retirement which is 31st March, 2023, 1 2 (c) Forthwith, disbursement of entire amount of arrears of pension for the period commending from 31st March, 2023. d) Forthwith, release entire payment of amount of unused earned live, (e) Any other relief or reliefs to which, the petitioner (In-Person) is entitled in the eye of law. The entire aforesaid amount along with statuary and penal interests @12% be calculated from the date of retirement of the Petitioner (In-Person) which is 31st March, 2023 till the date of actual payment.” 3. The learned counsel for the respondent no. 7 has produced a copy of the pension intimation memo dated 27.03.2024 whereby the pension of the petitioner has been fixed with effect from 01.04.2023. A copy of the same is kept on record. 4. The learned counsel for the respondent no. 7 has also furnished a copy of the said pension intimation memo dated 27.03.2024 to the petitioner appearing in-person. 5. The learned counsel for the respondent- State has submitted that as per the supplementary counter affidavit, paragraph nos. 10 to 13, the matter regarding payment for leave is under process and under active consideration of respondent no. 4 and appropriate decision will be taken and will be communicated to the petitioner within the time- frame as may be fixed by this Court. 6. With regard to payment of gratuity, the learned counsel for the respondent – State has submitted that an appropriate order in that regard will also be passed in the light of the applicable law. The learned counsel has submitted that the present writ petition be
Decision
accordingly disposed of. 7. The petitioner appearing in-person has submitted that the quantum of pension as has been mention in the pension intimation memo is not correct, inasmuch as, the petitioner is also entitled for other service benefits like ACP and MACP. He has submitted that he has filed interlocutory application for notional promotion with claim of ACP and MACP. He submits that if the relief as prayed for through the interlocutory application is allowed, not only the pension will be revised, but the petitioner would also be entitled for arrears of salary and other consequential reliefs. 3 8. The petitioner in-person further submits that so far as the gratuity is concerned, it is the statutory right of the petitioner and the same cannot be withheld unless permissible by law. 9. learned counsel for After hearing the the parties and considering the nature of relief as prayed for in this writ petition, this Court finds that so far as the pension is concerned, the pension intimation memo dated 27.03.2024 has already been issued entitling the petitioner to receive pension with effect from 01.04.2023. 10. With regard to the quantum of pension, the claim for promotion and ACP/MACP, the petitioner has filed interlocutory application being I.A. No. 10856 of 2023. 11. This Court is of the considered view that if the I.A. No. 10856 of 2023 is allowed, the same will change the nature of the writ petition. Accordingly, this Court is not inclined to allow the interlocutory application. However, the right is reserved with the petitioner to take appropriate steps with regard to the relief which has been prayed for in the interlocutory application being I.A. No. 10856 of 2023 and also with regard to the quantum of pension and other consequential reliefs, if the petitioner has any surviving grievance with regard to the quantum of pension. 12. So far as the payment in connection with leave is concerned, it has been stated in the counter affidavit of the State that the matter is under active consideration of respondent no. 4. In such circumstances, the respondent no. 4 is required to expedite the matter and take a final decision within a period of four weeks from the date of receipt of a copy of this order. The petitioner shall file a detailed representation before the respondent no. 4 with supporting documents and in case the petitioner requires personal hearing, specific prayer be made in the representation itself for such hearing. The order in connection with payment of leave encashment/unutilized leave should be a reasoned order. The reasoned order is also required to be communicated to the petitioner through speed post. 4 13. With regard to payment of gratuity, no adverse order has been placed on record, but the right to receive gratuity is a statutory right and the same also cannot be withheld unless permissible under law. 14. In such circumstances, the concerned respondent is required to consider the grievance of the petitioner in connection with payment of gratuity. At this, the petitioner in-person has submitted that the appropriate authority would be the respondent no. 1. 15. For the purposes of grievance regarding payment of gratuity, the petitioner shall file a detailed representation before the respondent no. 1 with all supporting documents and the respondent no. 1 shall also pass a reasoned order, and if the petitioner prays for any hearing in the representation itself, appropriate opportunity of hearing be also granted to the petitioner. The reasoned order by the respondent no. 1 be passed within a period of four weeks from the date of filing of the representation and be communicated to the petitioner immediately thereafter through speed post. 16. If the petitioner is found entitled to any relief pursuant to the reasoned orders to be passed by the aforesaid respondents, appropriate steps be also taken so that the monetary benefit arising out of such reasoned order(s) be also remitted to the petitioner within a period of four months from the date of the reasoned order(s). 17. This writ petition is accordingly disposed of. 18. I.A. No. 10856 of 2023 and I.A. No. 1281 of 2024 are closed. Pankaj (Anubha Rawat Choudhary, J.)