ANIL KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has interalia prayed for issuance of writ in the nature of mandamus commanding upon the respondents to pay the monthly pension of the petitioner and for payment of arrears of 50% of 6th Pay Revision Committee which has not been paid to the petitioner and the petitioner has prayed for quashing of the order dated 21.09.2011as contained in Annexure-11 issued by the respondent no.3 and for quashing the order dated 28.12.2011 as contained in Annexure-12 issued by the respondent no.7 whereby an order passed to deposit the amount of Rs.6,04,218/- from the petitioner which has been deposited in the account of the petitioner towards the amount of pension, gratuity, earned leave etc.

(2.) The brief facts as averred in the writ application is that the petitioner was appointed in the Clerical cadre on 01.09.1977 in Bihar State Sugar Corporation Limited, Patna. The petitioner was posted at Katkamsandi, Hazaribagh on the post of Clerk in the Department of Social Welfare after approval of the Cabinet vide Annexure-1 to the writ petition. Accordingly, the petitioner submitted his joining. An office order dated 09.04.1997 was issued by the department stating therein that the persons those who have been posted from the Board/Corporation in the department are also entitled to the same benefit which the Bihar Government employees is entitled to as evident from Annexure-3 to the writ petition and in pursuance to order dated 29.06.2004 issued by the Director, Social Welfare, Jharkhand, Ranchi, the petitioner and other have been adjusted/absorbed in North Chotanagpur Division, Hazaribagh and the name of the petitioner stands at serial no.5. The said order has been issued after consideration of the letter dated 28.08.2003 issued by the Government of India, Women and Child Welfare Department and staffing pattern and also on the basis of recommendation of the Establishment Committee dated 17.06.2004 as per Annexure-4 to the writ petition. The petitioner retired on 30.09.2010 on attaining the age of superannuation from the post of Clerk, Hunterganj Project informed the District Social Welfare and Deputy Collector (Establishment), Chatra as per Annexure-5 to the writ petition. In pursuance to order dated 16.08.2010, the Deputy Collector, Establishment, Chatra directed the Child Development Project Officer, Hunterganj for taking appropriate action for payment of pension and other benefits to the petitioner. Since, the repeated representation for payment of post retiral benefits did not yield any result, the petitioner was constrained to approach this Court in W.P.(S) No.2891 of 2011 which was disposed of vide order dated 19.07.2011 with a direction to respondent no.2 to take a decision in the matter for payment of post retiral benefits. In pursuance to the order dated 19.07.2011 in W.P.(S) No.2891 of 2011, provisional pension amounting to Rs.97,010/- and Rs.3,12,128/-towards gratuity and Rs.1,95,080/- towards earned leave have been paid to the petitioner as evident from Annexures 8, 9 and 9/1 to the writ petition. But to the utter surprise, the payment of post retiral benefits was stopped from the month of August, 2011 without any justifiable reason and thereafter, the petitioner submitted his representation for payment of monthly pension. During the pendency of the writ application and order dated 21.09.2011 was passed by the respondent no.3 stating therein that the petitioner is not entitled for retiral benefits since he is on deputation in the Child Development Project and his services has not been adjusted as the petitioner is the employee of the Bihar State Sugar Corporation Ltd. as per Annexure-11 to the writ petition and in pursuance to the order dated 21.09.2011, the Child Development Project Officer, Hunterganj, Chatra (Respondent no.7) issued an order dated 28.12.2011 for recovery of the amount of Rs.6,04,218/- from the petitioner which has been deposited in the account of petitioner towards pension, gratuity, earned leave etc. as per Annexure-12 to the writ petition. Being aggrieved by the arbitrary decision for stoppage of payment of pension and the impugned orders vide Annexures 11 and 12 to the writ petition, the present writ application has been filed under Article 226 of the Constitution of India.

(3.) Learned counsel for the petitioner has vehemently submitted that the action of the respondents in not paying monthly pension is discriminatory and violative of Article 14 and 21 of the Constitution of India. Learned counsel further submits that the issuance of order dated 28.12.2011 passed by the respondent no.7 directing for recovery of the amount paid towards gratuity, earned leave has been passed without any cogent reason that too without issuance of any show cause notice which cannot stand the test of tenability of law.