Jharkhand High Court
Vecent Guria @ Vincent Guria vs The Jharkhand State Agriculture ... on 30 October, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3010 of 2018
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W.P. (S) No. 3013 of 2018
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W.P. (S) No. 3015 of 2018
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W.P. (S) No. 3080 of 2018
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W.P. (S) No. 3103 of 2018
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W.P. (S) No. 3106 of 2018
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W.P. (S) No. 3110 of 2018
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W.P. (S) No. 2987 of 2018
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W.P. (S) No. 2990 of 2018
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W.P. (S) No. 2993 of 2018
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Vecent Guria @ Vincent Guria --- --- Petitioner in [WPS 3010/18] Ramesh Pravesh Singh --- --- Petitioner in [WPS 3013/18] Navneet Kumar --- --- Petitioner in [WPS 3015/18] Rajendra Paswan --- --- Petitioner in [WPS 3080/18] Jeevan Uraon --- --- Petitioner in [WPS 3103/18] Mohan Uraon --- --- Petitioner in [WPS 3106/18] Shankar Das --- --- Petitioner in [WPS 3110/18] Bimal Prasad Singh --- --- Petitioner in [WPS 2987/18] Bishundeo Paswan --- --- Petitioner in [WPS 2990/18] Praful Chandra --- --- Petitioner in [WPS 2993/18] Versus
1. The Jharkhand State Agriculture Marketing Board through its Secretary
2. The Managing Director, Jharkhand State Agriculture Marketing Board
3. The State of Bihar through Chief Secretary, Govt. of Bihar
4. Secretary, Agriculture Department of Bihar
5. The State of Jharkhand through Chief Secretary
6. Secretary, Department of Agriculture, Animal Husbandry and Cooperative --- --- Respondents in [all cases]
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioners: Mr. Prem Prakash, Advocate
For the Resp-JSAMB: Dr. Ashok Kr. Singh, Jagdeesh, Advocates
For the State of Jharkhand:
M/s Bhawesh Kr., SC-II, Rahul Kamlesh, AC to SC-II
For the State of Bihar: M/s S.P. Roy, GA, Bihar, Binit Chandra, AC to G.A.
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04/ 30.10.2018 Let State of Bihar through Chief Secretary, Government of Bihar and Secretary, Department of Agriculture, Government of Bihar be impleaded as Respondents in this writ petition. Let State of Jharkhand through the Chief Secretary, Government of Jharkhand and Secretary, Department of Agriculture, Animal Husbandry and Cooperative, Government of Jharkhand be also 2 impleaded as Respondents in this writ petition. Let such addition be carried out by the learned counsel for the petitioners in the array of Respondents in the respective writ petitions. Learned Government Advocate, State of Bihar accepts notice on behalf of the newly added Respondent State of Bihar. Learned SC-II Mr. Bhawesh Kumar accepts notice on behalf of the newly added Respondent State of Jharkhand.
2. Since all these writ petitioners have retired from the services of Jharkhand State Agriculture Marketing Board and have raised common grievances relating to payment of post retirement dues, all these writ petitions are being heard together.
3. Heard learned counsel for the parties.
4. Writ petitioners Vecent Guria, Ram Pravesh Singh and Rajendra Paswan have superannuated on 31.12.2017 while working as a 4 th grade employee under Jharkhand State Agricultural Marketing Board (JSAMB). Petitioner Navneet Kumar has superannuated on 30.09.2017 from the post of Plumber under Jharkhand Agriculture Produce Market Committee, Deoghar under the Jharkhand Board. Petitioner Jeevan Uraon has superannuated on 31.08.2017 while working as a 4th grade employee at Agriculture Produce Market Committee, Ranchi under the Board. Petitioner Mohan Uraon has superannuated on 30.09.2017 from the post of Correspondence Clerk at Agriculture Produce Market Committee, Ramgarh under the Board. Petitioner Shankar Das has superannuated on 31.10.2016 while working as a 4th grade employee at Agriculture Produce Market Committee, Madhupur under the Board. Petitioner Bimal Prasad Singh has superannuated on 30.04.2013 from the post of Typist under the Jharkhand Agriculture Marketing Board, Works Division. Petitioner Bishundeo Paswan has superannuated on 30.09.2017 from the post of Accountant cum Controller (Administration), Jharkhand Agriculture Marketing Board. Petitioner Praful Chandra has superannuated on 30.04.2016 from the post of Marketing Supervisor, Agriculture Produce Market Committee, Pandra, Ranchi under the Board. All these petitioners have common grievance relating to non-payment of post retirement dues.
5. Respondent Agriculture Marketing Board has filed counter affidavit and supplementary counter affidavit in the respective writ petitions. Their stand is two fold. (i) Payment of admissible post retirement dues as per Annexure-A chart annexed to their counter affidavits, have been made or are in process. This is not disputed by the individual petitioners 3 and (ii) that part payment of gratuity and group insurance amount remains due; reasons being contribution in respect thereof were deposited with their counterpart Bihar State Agriculture Marketing Board (BSAMB) till 2008, though BSAMB was dissolved in 2008 by virtue of repeal Act.
6. Counsel for the Jharkhand Board Dr. Ashok Kumar Singh, on instructions, submits that as per the decision taken by the Board, admissible payments have been made by JSAMB. BSAMB was bifurcated by virtue of a decision of the Central Government. Such decision contains stipulation for division of assets and liabilities of the erstwhile BSAMB. JSAMB was constituted in 2001. However, deposits towards gratuity and group insurance continued to be made with the BSAMB in respect of the employees falling within the territories of Jharkhand under JSAMB till 2008. This amount is still lying with the State of Bihar after dissolution of BSAMB. That is the bone of contention.
7. Counsel for the Respondent State of Bihar submits that as per his instruction, an amount of Rs. 6.00 crore and odd have been paid to the JSAMB as full and final statement of the outstanding liabilities on division of assets and liabilities. He submits that a Coordinate Bench of this Court in WPS No. 5166/2017 and analogous cases (T. Hussain & others versus Jharkhand state Agricultural Marketing Board and others) was pleased to issue certain direction upon the Secretary, Department of Agriculture, Government of Bihar to release the amount of gratuity and group insurance payable to the petitioners in those batch of writ petitions. Individual petitioners were directed to submit the details of their service till 15.11.2000 under the Bihar State Agricultural Marketing Board supported with documents, if any. If there was any doubt over the period of service under BSAMB, the Respondent Jharkhand Board was asked to supply necessary details within a time frame. In the meantime, payment of gratuity and group insurance amount tentatively calculated by JSAMB were directed to be made. Contempt petitions were pursued for compliance of the order by the petitioners as well as Jharkhand State Agricultural Marketing Board being Cont. Case (Civil) No. 299/2018 and Cont. Case (Civil) No. 543/2018. Both contempt petitions have been disposed of by order dated 05.10.2018. While disposing of the Cont. Case (Civil) No. 299/2018, a direction has been issued to the opposite parties no. 1 and 2 therein to comply with the court's order dated 19.03.2018 positively by 05.11.2018. The amount due in terms of the court's order, if not paid, shall incur interest at the rate indicated therein. Cont. Case (Civil) No. 543/2018 and analogous cases where State of Bihar was a party, was 4 pursued by Jharkhand State Agricultural Marketing Board. Hon'ble Court has been pleased to close the contempt proceedings on being satisfied with the stand of the opposite parties that the order have been substantially complied with.
8. Relevant material facts, as are borne from the record and have been taken note above together with the submissions of learned counsel for JSAMB, State of Jharkhand and State of Bihar, create an impression that the issue relating to refund of the amounts deposited by JSAMB with the BSAMB after 15.11.2000 till 2008 towards contribution of group insurance and gratuity perhaps have not yet been resolved between the two Board. This issue however does not seem to have been directly raised or addressed in the writ petitions decided by the Coordinate Bench of this Court i.e. T. Hussain & others (Supra). This issue if substantially subsisting, needs to be resolved between the two States. The employees like the petitioners cannot be denied their admissible dues towards part payment of gratuity and group insurance for such reasons. Adjudication at this stage, on this issue, may not be called for. Claim of JSAMB, if supported by a proof, needs to be examined to find out resolution of the issue. In these circumstances, this court proposes to pass the following order:
JSAMB would place the matter before the Secretary, Department of Agriculture, Government of Jharkhand. The Secretary, Department of Agriculture, Government of Jharkhand would take up the matter with its counterpart Secretary, Department of Agriculture, Government of Bihar. Secretaries of both the States would endeavour to resolve the issue in a spirit of reconciliation after due examination of the relevant records of both JSAMB and erstwhile BSAMB. Since part of the dues towards gratuity and group insurance of these petitioners and several other employees of JSAMB remain pending, Secretary, Department of Agriculture of both States would endeavour to arrive at a resolution of the issue within a reasonable time, preferably sixteen weeks from the date of receipt or service of the order. In case, the issue remains unresolved, this court is of the opinion that the matter be placed before the Chief Secretary of the respective States for finding out a resolution of the issue. It is expected that the respective State Governments would resolve the issue without the need of going for any adjudication. The aforesaid mechanism has been suggested to protect the interest of employees in spirit of amicable and negotiated settlement of the issue.
9. Let it be made clear that this Court has not made any observation on the rival claims of two Boards / two States. Upon resolution of these issues within a 5 time frame so prescribed above, JSAMB would release the admissible remaining dues to the individual petitioners and such similarly situated employees. Writ petitions are accordingly disposed of.
10. Let a copy of the order be handed over to the learned counsel for the State of Jharkhand, State of Bihar and JSAMB.
(Aparesh Kumar Singh, J) Ranjeet/