Jharkhand High Court
Manjit Nag vs State Of Jharkhand & Ors on 5 March, 2013
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.5034 of 2011
Manjit Ng. .......... Petitioner.
Versus
The State of Jharkhand & Ors. .......... Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. K. S. Nanda, Advocate
For the State : J.C. to G.P.II
06/05.03.2013: The petitioner has prayed for quashing the order dated 11th June, 2011 passed by the Director, Primary Education, Jharkhand, issued by Memo no.1643, whereby the petitioner's claim for payment of pension has been rejected.
When this case is taken up today, the respondents came with clear stand that the claim of the petitioner has been examined afresh in the light of the order dated 9 th October, 2009 passed in W.P.(S) No.5965 of 2006 and since the petitioner has served for 20 years before attaining the age of superannuation, he shall be allowed pension. In the light of the said decision, the process of pay fixation of the petitioner has been initiated at the level of Directorate, Primary Education. The pay fixation statement would be sent to he District Superintendent of Education, Gumla for further needful and for forwarding the same to the Accountant General for issuing pension payment order.
Learned counsel for the petitioner submitted that the petitioner retired on 31st July, 2003 and even after lapse of about ten years, the pensionary benefits have not been given to the petitioner and he has been put to mental agony and harassment. Now after a lapse of a decade, the Directorate issued the said order, but still the arrears of the current pension have not been paid to the petitioner.
I have heard learned counsel for the parties. The respondents have come with clear statement that they have already taken decision to issue appropriate order for fixation and payment of pension to the petitioner.
2 In view thereof without going into any other controversy at this stage, this writ petition is disposed of, directing the respondents to take immediate step for fixation of the pensioner's pension and other retiral dues payable to the petitioner and to see that all formalities be completed within six weeks from the date of receipt/production of a copy of this order and arrears be paid within four weeks thereafter with statutory interest.
Since pension was not paid to the petitioner despite the earlier order of this Court and he has to file the writ petition second time for the same, the respondents shall also pay cost of this litigation moderately quantified at Rs.10,000/ to the petitioner within four weeks from the date of receipt/production of a copy of this order.
If the arrear(s)/amount(s) found payable to the petitioner and the amount of the cost Rs.10,000/ is/are not paid within the said period, the petitioner shall be entitled to get compensatory interest @ 10% per annum, in addition to the statutory interest, from the date amount(s) found payable till the date of final payment.
(Narendra Nath Tiwari, J.) Sanjay/