RANCHI, India, July 7 -- Jharkhand High Court issued the following order on June 6:
1. In this writ petition, the petitioner has prayed for the following reliefs: -
a) For issuance of a Writ of or in the nature of certiorari for quashing the Commutation Pension Order dated 21.12.15, whereby and whereunder the deduction of monthly installments towards commutation of Pension has been made w.e.f. 09.07.11, by the Respondent although the disbursement of the commuted amount of Pension was made on 25.01.16;
b) For issuance of a Writ of or in the nature of Mandamus directing the respondents to refund retrospectively the deducted amount (installments) of Commutation of Pension with interest and re-fix the installments on the amount i.e. Rs.4,36,230/- only which has actually been received by the petitioner towards the commutation of pension;
c) For issuance of a Writ of or in the nature of Mandamus directing the respondents to pay interest @ 18% per annum on the retiral benefits such as G.P.F., Gratuity, Leave Encashment etc. which was withheld for more than 5 and half years without any basis;
d) As an alternative prayer for issuance of an appropriate Writ / Order or Direction for rescinding the commutation of Pension Order dated 21.12.15 as the petitioner is ready and willing to return the commuted amount paid to him pursuant to the order dated 21.12.2015 with a further direction upon the respondents to also return / refund the deductions made towards installments of commutation of pension and also to restore the full pension w.e.f. the date of retirement.
2. The petitioner had superannuated from service on 31.07.2010 as Deputy Director (Empoyment), Santhal Pargana Division, Dumka. Despite submitting Pension Form - 4 on 28.07.2010, petitioner did not receive his pension and other retiral dues in time. Six months prior to his retirement, petitioner was issued a letter dated 14.02.2009, asking him to deposit Rs.36,71,933/- , stating that he had illegally appointed seven persons for which department had suffered loss. Petitioner was again served with a letter dated 28.05.2009 asking him to deposit Rs.36,71,933/- and another letter on the same date wherein he was asked to submit the documents/orders by which the appointments were made. Petitioner replied to both the letters. Thereafter the respondents kept mum over the issue, but as the petitioner did not receive a single penny towards his retirement benefits, he filed a writ petition being W.P.(S) No. 3095 of 2011. In the said case, while quashing the impugned order dated 14.02.2009 and order dated 28.05.2009, the respondents were directed to take a decision on the show cause notice issued to the petitioner under Rule 139 of the Jharkhand Pension Rules within a period of 12 weeks. The petitioner, vide letter dated 21.03.2014, submitted his reply to the show cause notice issued under Rule 139 of the Jharkhand Pension Rules. The respondents, pursuant to the directions passed in W.P.(S) No.3095 of 2011, vide Office Order No.15 dated 02.09.2015 as contained in Memo No.1921 dated 02.09.2015 took a decision in light of Rule 139 of the Jharkhand Pension Rules that after deducting the amount of salary etc. paid to the said illegally appointed employees from 03.01.1992 till 07.07.1992, the retiral dues shall be paid to the petitioner. It is the contention of the petitioner in this writ petition that the commuted value of pension of the petitioner was Rs.9,62,041/-, which was sanctioned on 21.12.2015, but the same was paid to the petitioner on 25.01.2016. Further, at the same time, Rs.5,25,811/- was recovered from the payments on the same day as arrears of the EMI from the date of sanction, i.e., 09.07.2011 @ 9784/- per month. Thus, the petitioner received only Rs.4,36,230/- instead of Rs.9,62,041/- which was sanctioned to the petitioner. Further, the earned leave of the petitioner has been paid after a delay of more than 5 and half years. The petitioner had made representation before the respondents vide letter dated 24.02.2016, but nothing has been done on the same. Aforesaid is the grievance of the petitioner in this writ petition.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOANwC1F3PjnNkU%2BOB5apPgfxpe1izlqL5Ua48tBpX0jy&caseno=WPC/395/2017&cCode=1&cino=JHHC010044312017&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
