JIRAMANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 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. 31/1/2015. Pension payment order was issued on 8/4/2015 itself by the office of the Accountant General vide PPO. 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.25,87,400.00 which could not be adjusted because the petitioner had not submitted any voucher in this regard despite several reminders, one being through letter dtd. 9/5/2017 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 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.