Allowed

Vasumati Pradhan v. the State of Jharkhand

Jharkhand HC12 Mar 2019WPC/1063/2018

Case brief

AI extract

What is this about?

In a writ petition regarding withheld retirement benefits, the High Court held that withholding pension and gratuity due to the non-return of vouchers is unjustified in the absence of pending proceedings. The Court directed immediate disbursement of the funds and appropriate action regarding MACP.

What did the court decide?

Directed the respondents to disburse the entire amount of pension, gratuity and commutation of pension to the petitioner within three weeks and take a decision on MACP within ten weeks.

Vasumati Pradhan Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 1063 of 2018

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Vasumati Pradhan..…................ Petitioner

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Versus

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State of Jharkhand

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The Secretary, Social Welfare Development Dept, Jharkhand, Ranchi

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The Director, Woman and Child Development Dept, Jharkhand, Ranchi

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The Deputy Commissioner, Simdega

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The Deputy Director, Social Welfare, South Chhotanagpur Division, Ranchi

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The District Social Welfare Officer, Simdega

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The Child Development Project Officer, Kolebira, Simdega

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The Accountant General, Jharkhand. ………… Respondents

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Coram: Hon’ble Mr. Justice Ananda Sen

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…… For the Petitioner : Mr. Mahua Palit, Advocate For the Respondents : Manoj Kumar No.3, SC (Mines)

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8/12.03.2019 Learned counsel for the State submits that the amount of G.P.F., GIC, Leave Encashment, has already been paid to the petitioner. He further submits that the pension has been finalized and authority slip in respect of pension, gratuity and the amount on account of commutation of pension, has already been issued by the office of the Accountant General.

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It is submitted that as the ‘No Dues Certificate’ has not been handed over, the amount has not been disbursed to the petitioner.

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Learned counsel for the State by referring Annexure-L to the counter affidavit, submits that an amount of Rs. 10,25,800/- has to be adjusted from the petitioner as she has not deposited necessary vouchers showing expenditure of the said amount. He further submits that until and unless the petitioner cooperates and hands over these documents, it is not possible for them to issue ‘No Dues Certificate’.

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Learned counsel appearing for the petitioner submits that these vouchers are not in possession of this petitioner.

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This is a case of payment of the retiral benefits. As per the statement, the pension has been finalized and the authority slip in respect of the pension, gratuity, amount on account of commutation of pension, has already been issued but the same has not been disbursed to the petitioner as the State is not handing over the ‘No Dues Certificate’. The plea of the State is that some of the vouchers are still lying with the petitioner, which the petitioner is not submitting. This petitioner was a Lady Supervisor, who superannuated w.e.f. 31.03.2017. The pension, gratuity and the amount on account of commutation of pension has not been paid to the petitioner on the ground mentioned above.

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-2-

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Admittedly, there was no departmental proceeding pending against this petitioner nor there is any proceeding under Jharkhand Pension Rules for recovery of any amount nor there is any criminal case pending against her. Since, there is no criminal case or departmental proceeding is pending against this petitioner, I find that the action of the respondents of withholding the amount of pension, gratuity and commutation of pension is unjustified. Accordingly, the respondents are directed to disburse the entire amount forthwith to the petitioner preferably within a period of three weeks from the date of receipt/production of a copy of this order.

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However, it will be open for the State to take appropriate action as per law to proceed against the petitioner for recovery of any amount, which, as per the State, is lying with the petitioner.

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So far as grant of MACP is concerned, the State is directed to take appropriate decision in this regard within a period of ten weeks from today and make payment of the amount on account of grant of MACP, if the petitioner is found fit for the same.

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With the aforesaid observation and direction, this writ application stands disposed of.

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( Ananda Sen, J )

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Mukund/-cp. 2

Vasumati Pradhan v. the State of Jharkhand

Case brief

What is this about?

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Vasumati Pradhan v. the State of Jharkhand

Case brief

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What did the court decide?

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