PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 13:
Heard the Parties.
2. The petitioner on being aggrieved with the action of the respondents in not extending her retiral benefits and other dues, despite having been superannuated from service of 31.03.2022 after serving more than 39 years of service on the post of Neel Chitrak (Blue Printer) has invoked the prerogative writ jurisdiction of this Court seeking a direction to ensure payment of retiral benefits and other dues. The challenge is also made to a show-cause notice, as contained in Letter No.1170 dated 27.07.2024, issued by the respondent no.5 whereby the petitioner has been directed to furnish explanation as to why not her entire pension be forfeited under Rule 139 of the Bihar Pension Rules, 1950 (hereinafter referred to as 'the Rules, 1950').
3. The petitioner was initially engaged in the office of Minor Irrigation, Munger Division, on 26.02.1985, as a daily wager and subsequently her services was absorbed in the regular service with effect from 01.12.1986 in pursuant to the letter contained in Memo No. 1757 dated 01.08.1986. The services of the petitioner was, later on, confirmed vide Office Order contained in Memo No. 859 dated 06.07.2012 w.e.f. 01.12.1989. During the service period, the petitioner was transferred to different offices and in consequent to order dated 29.12.2014, the petitioner submitted her joining in the office of respondent no.5. While the petitioner was discharging her duty in the year 2019, in the meanwhile one Kishore Mahto lodged complaint regarding the appointment of the petitioner being illegal, however, the said complaint was dropped by the Chief Engineer (Planning and Monitoring) Minor Water Resources Department vide Memo No. 910 dated 22.08.2019, based upon the report of the Internal Complaint Committee, who did not find any evidence in supported of the allegation. The copies of which are annexed as Annexures-P/6 and P/7. Upon attaining the age of superannuation, the petitioner retired on 31.03.2022. The petitioner was asked to submit requisite documents/pension papers with photographs, the same was done and finally charge was handed over to new incumbent.
4. Notwithstanding the aforesaid fact, the respondent authorities did not take any steps in extending the retiral benefit and other dues of the petitioner, compelling her to run from pillar to post craving for her own retiral benefits/other dues. Representations were also filed before all the concerned authorities but went in vain. In the meantime, all of a sudden vide letter, as contained in Memo No. 1170 dated 27.07.2024, a show-cause notice was issued directing the petitioner to ensure her reply, within three weeks, as to why not a proceeding be initiated to forfeit the entire pension amount under Rule 139 of the Rules, 1950. It is further made clear that earlier the petitioner was asked to make available the necessary documents. In response thereto the petitioner filed a detailed reply, but no action has been taken, hence the petitioner has approached this Court.
5. Mr. Vikash Kumar Pankaj, learned Advocte for the petitioner assailing the impugned show-cause, as contained in Memo No. 1170 dated 27.07.2024 has submitted with all vehemence, that apart from it is cryptic, arbitrary and perverse, the same is violative of the principles of natural justice and arbitrarily issued at such belated stage. The material imputation leading to issuance of impugned show-cause does not attract Rule 139 of Rules, 1950; nowhere it remotely suggests that the services of the petitioner was unsatisfactory. During the entire service period of the petitioner, there had never been any departmental enquiry or judicial proceeding and moreover the services of the petitioner has been found satisfactory to all the concerned, thus in any view of the matter any action forfeiting the retiral benefit and other dues and initiation of the proceeding in terms with Rule 139 of the Rules, 1950 is wholly illegal and without jurisdiction.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTQ2NDQjMjAyNCMxI04=---ak1--UFdjkkl--am1--V4=
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