SURESH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties. The petitioner, who is said to have retired as Revenue Karmachari on 30.6.2011 from Nala Block under Jamtara District has approached this Court in the present writ application for directing the respondents to pay the entire post retirement dues such as pension, gratuity, G.P.F., leave encashment, arrears of salary etc as also to give the benefits of M.A.C.P. on completion of 10, 20, 30 years of service. Petitioner is also aggrieved by the order contained at Annexure -2 dated 8.9.2012, which allegedly denied him post retirement benefits on account of pendency of certain certificate case under P.D.R. Act, 1914 against him for the period of his service.

(2.) THE respondents have also referred to the pendency of the certificate case against the petitioner and also that he was placed under suspension in 2006 which was however revoked, thereafter. They have also stated that 90% of the provisional pension has been paid apart from the Group Insurance amount. However, after stating all that, in para 9 of their counter affidavit they have made a categorical statement that in view of the judgment passed by the Hon'ble Supreme Court in the case of Jitendra Srivastava Vrs. State of Jharkhand on 14.8.2013, the respondents have instructed the Controlling Officer i.e. the Circle Officer, Nala Block, Jamtara to clear all the post retirement dues of the petitioner as early as possible and subsequently, all pension papers of the petitioner has been sent to the office of Accountant General, Jharkhand.

(3.) HAVING regard to the aforesaid stand taken by the respondents reflected in para 9 of the counter affidavit, the writ petition is disposed of by directing the respondent no. 2, the Deputy Commissioner, Jamtara to take appropriate decision in the matter of grant of admissible post retirement dues to the petitioner within a period of 12 weeks from the date of receipt of the copy of this order. Needless to say that if such sanction order is required to be issued in favour of the Office of the Accountant General, Jharkhand, the same be issued within the said period. On receipt of such sanction order, the respondent no. 6, Office of Accountant General, Jharkhand shall issue authority slip in favour of the petitioner for payment of the admissible post retirement dues, if there are no legal impediments, preferably within 4 weeks, thereafter. The writ petition is disposed of the aforesaid manner.