SUNIL KUMAR SINHA Vs. STATE OF JHARKHAND THROUGH SECRETARY, DEPARTMENT OF WELFARE, GOVERNMENT OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with multiple prayers, but now confines his prayer for release of arrears of salary for different periods as well as payment of the salary of the petitioner for the period for February 2007, February 2008, February 2009, February 2010, February 2012 and February 2013 during which the petitioner has worked but has not been paid his salary. Further, prayer has been made to release all the retiral benefits with statutory interest from the date of superannuation of the petitioner i.e. on 30.11.2014.

(2.) The factual exposition as has been delineated in the writ petition is that the petitioner is a differently abled person having 60 % disability due to polio and he was appointed as a LDC under the respondents on 20.09.1979 and after passing the departmental examination, he has been promoted to the post of Block Welfare Officer. Thereafter, after serving the respondents for about 36 years and upon attaining the age of superannuation, he has been superannuated from the post of Block Welfare Officer, Godda on 31.11.2014. It is specific case of the petitioner that during the long tenure of service, he had not been paid the salary for the months of February 2007, February 2008, February 2009, February 2010, February 2012 and February 2013 during which the petitioner has worked but for want of income tax return and certificate, the same has not been paid to him till date. The petitioner has already submitted all the requisite income tax certificate and vide his letter dated 29.03.2014 and 008.2014, he has represented before the District Welfare Officer, Godda to release the salary for the said months, but no decision is taken as yet. It is further the case of the petitioner that during his service period, a criminal case was lodged against him and petitioner was convicted on 15.02017. But in the meantime, the petitioner superannuated on 30.11.2014 and admittedly, the criminal case, which was levelled against him in the year, 2006 remained pending all along service period of the petitioner. As the representation of the petitioner is still pending and he was not paid the arrears of salary as well as retiral benefits, he has been constrained to move before this Court for redressal of his grievances.

(3.) Mr. Rahul Kumar, learned counsel for the petitioner strenuously urges that petitioner is entitled for arrears of salary for the period he had worked as also for retiral benefits. Admittedly, a criminal case was lodged against the petitioner and during the pendency of the criminal case, the petitioner superannuated from the services. Learned counsel further argues that the respondents were not justified in withholding the retiral benefits as no proceeding was initiated against the petitioner after the retirement. Learned counsel places heavy reliance on a reported judgment of Hon'ble Apex Court in case of Jitendra Kumar Srivastava & Another. Vs. State of Jharkhand and Others., (2013) 12 SCC 210 and argues that withholding of respondent public servant's pension during the pendency of disciplinary and criminal proceedings is illegal and in absence of specific rules, pension being property, cannot be withheld and as such, a direction be given to the respondents to release the retiral benefits as well as arrears of salary.