SUNITA VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Three-fold prayers are made in this writ petition viz. (i) quashing of the order dtd. 2/12/2005 contained in Memo No.1764 by which the period between 14/10/1990 to 24/5/1993 has been treated as unauthorised absence from duty and consequently break in service (ii) a direction to the respondents to regularise the aforesaid period between 14/10/1990 to 24/5/1993 and (iii) grant of the benefits of financial upgradation under ACP.

(2.) The proceedings in this writ petition would reveal that several affidavits came to be filed on behalf of the State of Jharkhand taking same and the similar stand at every stage. During pendency of the writ petition the government employee passed away and in his place his wife and son have been substituted.

(3.) An affidavit by the Secretary, Agriculture, Animal Husbandry and Co-operative Department, Government of Jharkhand has been filed in compliance of the order dtd. 11/2/2022 passed by this Court. It is stated that all admissible post-retiral dues payable to Pawan Kumar Verma were paid to him and after his death his wife is receiving family pension. Through a tabular chart, the affidavit filed by the Secretary, Agriculture, Animal Husbandry and Co-operative Department, Government of Jharkhand outlines that an amount of Rs.91,370.00 on account of Group Insurance, Rs.4,29,343.00 as GPF, Rs.2,30,430.00 as leave encashment and Rs.3,80,210.00 as 100% gratuity amount were paid by 5/12/2009. It is further stated that pension papers of Pawan Kumar Verma were transmitted to the office of Accountant General, Jharkhand, Ranchi through letter no.203 dtd. 27/10/2010 and pension order for payment of pension to him w.e.f. 1/8/2007 was issued by an order dtd. 16/12/2010.