SHIVKUMARI DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) DOES the factual score of this case gives rise to a feeling, the petitioner Smt. Shivkumari Dubey, a sectogenerian has spoken too much in the line of thinking 'the lady speaketh too much', or has she in an innocuous, innocent, non-inhibited and non-reflective manner has exposed the indifferent, inhuman, non-concern, hibernative proclivity, unceremonial delineation of the legitimate and lawful expectation of a retired person by the authorities by which the hope of a retired employee to get the retiral benefit, pronto gets crucified and the life and the essence of life is converted by such inaction to the shadow of life ? Stories may state that as long as shadow exists life may continue but in reality the shadow of life is not the substitution of life. Life, a glorious and magnificent gift of God, the Almighty, is not to be dealt with in such an inglorious manner by the persons who are in the helm of affairs as the files relating to retiral dues can not be metamorphosed to a cushion, a pad, to be utilised at one's own will, desire, whims, caprice or fancy. It requires immediate attention and prompt action and quick disposal.

(2.) SUBMISSION of Mr. Komal Patel, learned Counsel for the petitioner if zeroed, boils down to the factum that though the petitioner retired on 31-3-1994 from the post of Lady Health Inspector, the respondent chose to maintain a sphinx like silence conceiving the notion that silence is always golden and blissful totally being oblivious of the fact that a retired employee was not getting any amount and, therefore, she was at the mercy of his family members to which she was at loath to be. When nothing concrete happened despite the approaches made and all efforts remained unfructified the petitioner having no other option knocked at the doors of the M. P. Administrative Tribunal (in short 'the Tribunal') under Section 19 of the Administrative Tribunals Act, 1985 for grant of retiral benefits. The Tribunal by an interim order dated 23-4-1998 commanded the respondents to clear the retiral dues or to show-cause. After the order of the Tribunal the deep and undisturbed slumber of the respondents melted into slow awakening and file relating to the retiral benefits of the petitioner started moving. There was no great momentum, yet there was a move. Such movement ultimately got its realisation when the petitioner was extended the benefit of her legal dues. It is noteworthy to state here that in the return in an ingenuous and adroit manner the total blame has been put on the petitioner as if she had committed an unpardonable blunder. A ground has been taken that the petitioner applied for GPF in the year 1998 vide Annexure R-3. When the said Annexure was confronted to Mr. Rahul Jain, learned Counsel for the State he has fairly stated that it has nothing to do with the application of the petitioner. The guise and maladroit attempts have not been able to cover the languorous conception of the respondents but in a way has exposed that they attempted to make the petitioner appear as if she had committed a blasphemy. In fact they themselves have landed in a pool of boiled water wherefrom the escape route is invisible. The fault, as is seen, squarely lies with the respondents. When a person attains the age of retirement and there is nothing against him, the employee legitimately expects that his/her dues be finalised within a reasonable period of time but action taken by the concerned department clearly reflects as inexcusable apathy, unexplainable non-empathy and attitude of non-botheration as if the fate of a retired person is dealt with by them without any kind of feeling. The absence of feeling of the competent authorities projects as if they are concerned with autumn leaves. This unhealthy attitude is totally intolerable and inappreciable both on legal enunciation as well as factual exposition.

(3.) MR. Komal Patel, learned Counsel for the petitioner has brought to the notice of this Court Rule 57 of the M. P. Civil Services (Pension) Rules, 1976. The said rule reads as under :-