The High Court held that most grievances were already redressed. It directed the respondents to pay unpaid retirement pension and arrears of salary with 6% interest within 10 weeks, attributing the delay to authorities.
Payment of pension, arrears of salary, and third MACP benefits with 6% interest to be completed within 10 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 989 OF 2016
Akhilesh Mahto, son of Late Balak Mahto
… … Petitioner
V E R S U S
… ... Respondents
CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
For Petitioner : Mr. .K. S. Nanda, Advocate. For the State: Mr. Krishna Shankar, SC (L&C-II) For the R. No. 5: Mr. Suresh Kumar, Advocate.
05/14.10.2019 Heard counsel for the parties.
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Welfare Supervisor. The Deputy Director, Welfare, vide his memo no. 1717, dated 06.09.1994, posted the petitioner as Incharge Welfare Supervisor pursuant to which vide office order dated 25.10.1994, the Block Development Officer, Gumla issued the necessary orders for appointment of the petitioner as Incharge Welfare Supervisor in Gumla Block in Toto Welfare Centre. However, in spite of best efforts, petitioner was made to retire without grant of any promotion or benefits of ACP or MACP.
5.
Mr. Kripa Shankar Nanda, learned counsel appearing for the petitioner submits that it is very surprising that in spite of the fact that petitioner completed 41 years 10 months and 10 days of service without any complaint from any quarter but he has been debarred from the benefits of promotion or the monetary benefits under MACP. Petitioner has now been retired without any pensionary benefits. Learned counsel submits that petitioner was promoted to the post of Incharge Welfare Supervisor in Gumla Block, he was entitled for retiral benefits as well as arrears of salary in the revised scale but till date same has not been extended. Learned counsel submits that during pendency of writ petition certain benefits has already been extended to the petitioner which has come in paragraph-5 of the counter affidavit filed by the respondents. It has further been argued by learned counsel that though petitioner has received part payment and most of the grievances has already been redressed but at present he is aggrieved by non-payment of pension amount which has illegally been withheld and also benefits of 3rd MACP and arrears of salary.
Per contra counter affidavit has been filed.
Mr. Krishna Shankar, learned SC (L & C-II) draws attention of the Court towards counter affidavit filed by the respondents and argues that most of the grievances of the petitioner has already been redressed. Drawing attention of the Court towards paragraph-5 onwards of the counter affidavit, learned counsel argues that petitioner has been paid everything and also admissible provisional pension. However, claim for grant of benefits of 3rd Upgraded benefits under MACP after completion
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of 30 years is concerned, proposal has been sent to the Deputy Secretary, Welfare Department, Government of Jharkhand vide letter no. 372, dated 10.03.2016 by the District Welfare Officer, Ranchi and the same shall be considered and paid to the petitioner, if not already paid.
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Having gone through rival submission of the parties, this Court is of the considered view that most of the grievances of the petitioner has already been redressed. Regarding pension and benefits of MACP, the same has already been recommended. However, since petitioner retired in the year 2011 itself and pension which is not bounty, ought to have been paid to the petitioner at the time of his retirement but the same has not yet been paid. Petitioner is not at all responsible for delay. It is the respondents authorities who on the one ground or the other, have delayed the process. If pension amount and the arrears of salary has not been paid to the petitioner, the same shall be paid with statutory interest of 6% per annum from the date of retirement. Let it be made clear that entire exercise be completed within a period of 10 weeks from the date of receipt/ production of a copy of this order. If any amount is found due, the same be paid to the petitioner within the aforementioned period.
With the aforesaid observations and directions, this writ petition stands disposed of.
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2 issues framed by the court
Whether a retired petitioner is entitled to be paid pension, arrears of salary, and MACP benefits with interest despite a delay caused by the respondents.
Whether the respondents authorities are directed to complete the payment exercise within a specified short period.
Akhilesh Mahto
The State of Jharkhand
The Deputy Commissioner, Gumla
The District Social Welfare Officer, Gumla
The Block Development Officer, Gumla
The Accountant General, Jharkhand
Dr. S. N. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court