Shyamdeo Mochi vs The State Of Bihar And Ors
2021 Latest Caselaw 3337 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5507 of 2017
     ======================================================

Jiramani Devi, Wife of late Shyamdeo Mochi, Resident of Sachchidanand Singh Colony, P.O. Kurthaul,P.S. Parsa Bazar, District- Patna.

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.

3. The Director, Department of Panchayati Raj, Govt. of Bihar, Patna.

4. The District Magistrate, Patna.

5. The District Panchayati Raj Officer, Patna.

6. The Treasury Officer, Patna Collectorate, Patna.

7. The Block Development Officer, Maner Block, District - Patna.

8. The Accountant General, Bihar, Patna

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :      Mr.Pramod Mishra
                            :      Mr.Vijay Kumar Mukul
                            :      Mr.Ranjay Kumar Singh
     For the Respondent/s   :      Mr.Pushkar Narain Shahi (AAG 6) with
                            :      Mr.Patanjali Rishi

For the Accountant General: Mr.Arun Kumar Arun ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 13-07-2021

This matter has been taken up for hearing online because

of COVID-19 pandemic restrictions.

2. The writ application was filed by Late Shyamdeo

Mochi, seeking direction to the respondents to pay him his post

retiral dues in terms of pension and other benefits arising out of

grant of Modified Assured Career Progression (M.A.C.P.). As he Patna High Court CWJC No.5507 of 2017 dt.13-07-2021

died during the pendency of the application, he has been

substituted by the present petitioner, who is his widow. The

petitioner's husband retired while working as Panchayat Secretary,

Block Office, Maner in the district of Patna w.e.f. 31.01.2015.

Pension payment order was issued on 08.04.2015 itself by the

office of the Accountant General vide P.P.O. No. 201511161544,

addressed to the Treasury Officer, Patna Collectorate, Patna. Since

despite repeated representations, the petitioner's deceased husband

was unable to receive his entitlements against pension and arrears

arising out of grant of MACP, he filed the present writ application

under Article 226 of the Constitution of India, seeking direction to

the respondents, as noted above.

3. A counter affidavit has been filed on behalf of the

respondents-State of Bihar stating that the deceased pensioner had

received certain amount in respect of Social Security Pension

Scheme amounting to Rs.25,87,400/- which could not be adjusted

because the petitioner had not submitted any voucher in this regard

despite several reminders, one being through letter dated

09.05.2017 and, therefore, the Department refused to grant 'No

Objection Certificate' consequent upon which the Treasury officer

declined to credit the amount of pensionary benefits authorized by

the office of the Accountant General, in the pension account of the Patna High Court CWJC No.5507 of 2017 dt.13-07-2021

deceased employee. It is also stated in the application that the

deceased employee had not handed over the charge after he retired

on attaining the age of superannuation. On these facts, the

respondents are opposing the petitioner's claim for payment of

post retiral benefits.

4. The counter affidavit is completely silent on the point,

as to whether, for non-adjustment of the amount, which the

deceased employee had allegedly received as advance, any enquiry

was initiated or any departmental action was taken against him.

There is absolutely no averment in the counter affidavit to the

effect that even after the retirement of the deceased employee; any

proceeding was initiated under the provisions of the Bihar Pension

Rules for withholding of the pension. This is thus an admitted fact

that the petitioner's husband did not have any occasion to rebut the

allegation of non-adjustment of the said amount received by him,

in any enquiry or proceeding.

5. In the rejoinder affidavit filed on behalf of the

petitioner to the counter affidavit filed on behalf of the State of

Bihar, a letter written by the deceased employee addressed to the

Block Development Officer has been brought on record wherein

the deceased employee had mentioned that he had handed over the

vouchers to Najir of the Block Najarat of Maner Block. In his Patna High Court CWJC No.5507 of 2017 dt.13-07-2021

representation dated 29.04.2017, he is said to have narrated the

harassment meted out to him and the manner in which he was

made to run from pillar to post for obtaining No Dues Certificate

and for payment of his pensionary benefits.

6. A supplementary counter affidavit filed on behalf of

the State of Bihar from wherein it has been stated that the

deceased employee had not submitted vouchers against

outstanding advance to the tune of Rs.25,87,400/- which he had

received till date. However, the amount equivalent to 90% of

gratuity to the tune of Rs.6,08,331/-, the amount of Earned Leave

to the tune of Rs.4,09,650/-, the amount of Group Insurance to the

tune of Rs.1,087,249/- and the amount of General Provident Fund

to the tune of Rs.4,87,502/- have been paid and further no dues

certificate has been forwarded to the Treasury Office, Patna for

payment of pension. It has been stated, however, in paragraph 13

and 14 as under:-

13. That it is relevant to submit here that the deductions/adjustments have been made by the Treasury Officer to the tune of Rs.15,90,528/- against the outstanding due amount to the tune of Rs.25,87,400/-.

14. That it is respectfully submitted that no due is outstanding against the petitioner towards the post retiral benefits payable to Patna High Court CWJC No.5507 of 2017 dt.13-07-2021

her husband and the writ petition is now fit to be disposed of.

7. As has been noted above, there was no proceeding

initiated for withholding of pension. No enquiry was held

regarding non-submission of the vouchers till the petitioner's

husband was alive. In such situation, unilateral decision of the

respondents to adjust the amount to the tune of Rs.15,90,528/- is

per se illegal, arbitrary and in gross violation of principles of

natural justice, which cannot be permitted. The respondents do not

have any authority to withhold the amount of pension or gratuity

without following due procedure prescribed under the Bihar

Pension Rules.

8. This writ application is accordingly allowed with

a direction to the respondents to ensure that the petitioner is paid

all post retiral dues in terms of pension/family pension/gratuity

and other arrears within a period of two months from the date of

receipt/production of a copy of this order. It is specifically

directed that the respondents shall not deduct any amount from

such pensionary benefits on the ground, as taken in the counter

affidavit, of non-adjustment of any advance which the petitioner's

husband had allegedly obtained.

9. It will, however, be open for the respondents to

cause an enquiry and find out, as to whether, the amount so Patna High Court CWJC No.5507 of 2017 dt.13-07-2021

obtained by the petitioner's husband was in fact utilized or not and

in case the respondents reach a conclusion that the same was not

done, they shall be at liberty to proceed to recover the said amount

in accordance with law after following due procedure.

(Chakradhari Sharan Singh, J) AKASH/-

AFR/NAFR                        N/A
CAV DATE                        N/A
Uploading Date                13.07.2021
Transmission Date               N/A