Jharkhand High Court
Lalita Devi vs The State Of Jharkhand; on 25 March, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3146 of 2019
Lalita Devi ... PETITIONER
Vs.
1. The State of Jharkhand;
2. The Chief Secretary, Govt. of Jharkhand, Ranchi
3. The Principal Secretary, Department of Agriculture, Animal Husbandry and
Cooperative, Govt. of Jharkhand, Nepal House, Ranchi
4. The Director, Dairy Development Directorate, Jharkhand, Campus of Farmers'
Training Centre, Dhurwa, Ranchi
5. The District Dairy Development Officer, Latehar.
6. The Accountant General (A & E), Jharkhand, Ranchi
... ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
(Through : Video Conferencing)
For the Petitioner : Mr. Deepak Kumar Prasad, Advocate
For the Accountant General: Mr. Sunil Agarwal, Advocate.
For the State : Mr. Ashok Yadav, GA
06/25.03.2021 In view of outbreak of COVID-19 pandemic, case has been taken up
through Video Conferencing and heard at length. Concerned lawyers have no
objection with regard to the proceeding which has been held through Video
Conferencing and there is no complaint in respect to audio and video clarity and
quality and after hearing at length, the matter is being disposed of.
2. In the instant writ application prayer has been made for a direction upon
the respondents to pay retiral benefits to the petitioner such as Family Pension,
Gratuity, Leave Encashment, G.I.C. etc. with 10% interest from the date of
entitlement to actual payment. Petitioner has further prayed for a direction upon
the respondents to dispose of her last representation dated 20.06.2019 in which
she has prayed for payment of retiral benefits such as Family Pension, Gratuity,
Leave Encashment, G.I.C. etc. with 10% interest from the date of death till actual
payment.
3. Facts
of the case in brief is that on 20.07.1987, petitioner's husband
joined the service as a Class-IV employee in Dairy Development. However, on
24.02.2006 he died in harness. Thereafter, petitioner has received the amount
towards GPF only. Petitioner filed several representation for release of other
retiral benefits but the same has not been considered.
4. Mr. Deepak Kumar Prasad, learned counsel appearing on behalf of the
petitioner submits that petitioner is a widow and has been harassed and
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legitimate retiral dues are not being paid to her after death of her husband.
Learned counsel further submits that in the case of Kishori Prasad Singh Vs.
State of Jharkhand reported in 2019(2) JLJR 195, the Court after relying on
the Judgment of Hon'ble Apex Court in the case of Vijay L. Mehrotra Vs. State
of U.P. reported in (2001) 9 SCC 687, has directed the State Government to
pay simple interest @10% to the petitioner on the amount of delayed payment
i.e. from the date of accrual till date of payment. Learned counsel further
placing reliance on the Judgment passed by the Hon'ble Apex Court in the case
of Deokinandan Prasad Vs. The State of Bihar & Others reported in (1971) 2
SCC 330 argued that timely payment of pension and other post retiral benefits
to an employee is duty and non-payment of the same must invite penalty in the
form of payment of interest thereupon. Learned counsel further argues that the
State of Jharkhand has issued Memo dated 08.12.2003 in which it has been
directed to complete processing of pension papers prior to retirement so that the
employees would get retiral benefits at the time of retirement without any delay.
5. Mr. Sunil Agarwal, learned counsel appearing on behalf of the
Accountant General submits that the retiral benefits are released only after
receipt of service book and pension papers along with requisite sanction order,
which has not yet been received in their office. However, after receipt of notice
in the instant writ petition, a request has been made by the them to the District
Dairy Development Officer to take necessary action.
6. Mr. Ashok Yadav, learned GA submits that the deceased employee was
habitual absentee and there was as many as 29 breaks in service equivalent to
1797 days of illegal absence and as such his service book was not complete.
Efforts were made for reconstruction of his service book and in the meantime,
the amount towards GPF were released in his favour. Further, the amount
towards Group Insurance, Leave Encashment have also been released in favour
of the petitioner. Certain shortfalls/ discrepancies were pointed out by the office
of the Accountant General, which is also under process. Son of the deceased has
already been given appointment on compassionate grounds. The delay is not
intentional rather it has occurred due to discrepancies in service book of the
deceased due to unauthorized leave and break in service. Respondents have
tried their level best to clear all the retiral dues but unless the discrepancies are
cleared, the same could not have been done. Petitioner also did not submit
details of her bank accounts, which further caused delay in payment. Learned
counsel submits that other dues, if any, shall be paid once the discrepancies are
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cleared. Mr. Ashok Yadav, learned GA submits that supplementary counter
affidavit has been filed on 25.03.2021 and the same may be taken on board.
Drawing attention of this Court towards paragraph-9 of the said supplementary
counter affidavit filed on 25.03.2021, learned counsel submits that office of the
Accountant General has sanctioned family pension and gratuity of the petitioner
and requested the Accountant General, Patna, Bihar to arrange for payment of
Family Pension and Gratuity of the petitioner through Danapur (Bihar) Treasury
in terms of letter dated 24.03.2021.
7. Let the Supplementary counter affidavit filed on 25.03.2021 be tagged
along with records.
8. Having heard counsel for the parties and considering statements made
in counter affidavit filed on 25.03.2021, it appears that grievance of the
petitioner has already been redressed. Nothing remains to be adjudicated.
Accordingly, this writ petition stands disposed of.
(Dr. S.N. Pathak, J.)
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