LAWS(JHAR)-2019-8-129

SUKHRAM PRASAD MANI Vs. STATE OF JHARKHAND

Decided On August 20, 2019
Sukhram Prasad Mani Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The instant writ petition has been preferred by the petitioner for payment of his retiral dues i.e. pension, gratuity, arrears of pension and leave encashment and other benefits. Further prayer has been made for a direction to the respondents for granting the benefits of ACP/MACP, as per law, circulars and prevailing rules. It has also been prayed for payment of arrears of salary for the period from 28.03.1979 to 04.05.1987; June, 1987 to December, 1990; January, 1991 to May, 1992, December, 1993; August, 1996 to September, 1996; December, 1996; January, 1997 to August, 1998, which has remained unpaid, though the petitioner continuously discharged his duties during the aforesaid periods. Further prayer has also been made to pay the retiral dues along with statutory and penal interest.

(3.) The factual exposition as has been delineated in the writ petition is that petitioner was appointed to the post of Assistant Engineer under Rural Works Department on 28.03.1979 in the erstwhile State of Bihar. It is the further case of the petitioner that though he worked to the full satisfaction of the respondent-authorities, he was denied the salary for several months and on several occasions without any rhyme and reason. The petitioner after his cadre allocation to the State of Jharkhand, superannuated from the services on 31.07.2011 from Rural Works Department, Work Division, Garhwa. The petitioner after superannuation in 2011, filed several representations for payment of retiral benefits but the respondents have not paid any heed to the same and not a single penny was paid to him. When nothing was paid to the petitioner, he knocked the door of this Hon'ble Court by filing W.P.(S). No. 5533 of 2013, which was disposed of vide order dated 27.08.2014, with a direction to the Secretary of Rural Works Department, Govt. of Jharkhand to ensure that the admissible post retiral dues of the petitioner is paid after due compliance of all necessary formalities. Specific direction was made to make such payment along with statutory interest.