Jharkhand High Court
Sunil Kumar Chourasia vs Chief Secretory on 14 March, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.7441 of 2011
Janardan Sahi ....... Petitioner
Versus
Eastern Coal Field Limited & Ors. ........ Respondents
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr.Arvind Kumar Choudhary
For the Respondents(Coal Company) : Mr. Rajesh Lala,
For the Respondent(C.M.P.F) : M/s Deepak Roshan & Ratnesh Kumar
14/14.03.2014Heard counsel for the parties.
The petitioner is seeking payment of entire post retirement dues i.e. Provident Fund, Gratuity, Leave Encashment, Group Insurance, Contributory Pension along with interest. He as also claimed for payment of admitted salary from 4.1.1996 to 22.7.2002.
As per the case of the petitioner, he was working as a Security Guard appointed on 9.1.1973 in the Eastern Coalfields Limited, Shampur-A Colliery, Dhanbad. He was superannuated by the respondents on 3.1.1996 treating his date of birth as 3.1.1936. However, he claims that his actual date of birth is 22.7.1942 as per the C.M.P.F records and other documents. The petitioner had preferred a writ petition being writ petition no. 2321 of 1995 before the Calcutta High Court, which was disposed of on 8.1.1998 directing the respondents to verify the date of birth of the petitioner from the C.M.P.F records. The Coal Company went in appeal stating that the writ petition was decided ex-parte. The said appeal was disposed of with an observation that the learned Trial Judge has not decided the issue on merit and authorities were directed to pass appropriate order in accordance with law. The Division Bench also observed that issue of date of birth be decided after taking into account materials made available, statutory records as also any other records.
Learned counsel for the petitioner contended that he made representation but the respondents have not passed necessary orders and payment of retirement dues have not yet been made. However, perusal of Annexure-2 indicates that petitioner had made representation dated 7.6.2007 for payment of retiral dues stating that he superannuated from service on 4.1.1996.The petitioner is said to have made further representation stating that the orders of the High Court have not been carried out and also claims salary for the period from 4.1.1996 to 22.7.2002. Though, the petitioner has relied upon Annexure-3 , letter dated 3.7.2007 that the respondents were asking for documents to -2- undertake an exercise for determining his age but the said document discloses that it was related to asking for documents for settlement of claim of Gratuity of the petitioner. However, in any case in the present writ application, the petitioner has made prayer for payment of the entire post retirement dues as also salary for the period from 1996 to July, 2002 claiming that he ought to have been superannuated on 22.7.2002.
In response, the respondent- Coal Company have stated that in the register maintained under Section 48 of the Mines Act, 1952, his date of his appointment is recorded as 9.1.1973 and date of birth is recorded as 41 years as on 4.1.1977 to which he has accepted by putting signature in Form-B Register. Even in the service book the same date of birth is recorded. Accordingly, his date of birth was determined as 4.1.1936. In the service excerpts issued in the year 1987, the same date of birth has been recorded upon which the petitioner has also put his signature without raising any objection. Thus, he retired on 4.1.1996. In para 8 of the counter affidavit, respondents have stated that after passing of the Division Bench judgment of the Calcutta High Court, petitioner has not approached the ECL authorities and not pressed his representation nor produced any documents from the C.M.P.F office. Therefore, having retired on 4.1.1996 itself, petitioner is not entitled for salary till 22.7.2002 on the Principle of No Work No Pay. On the question of leave encashment, it has been stated that the same was introduced .w.e.f January, 2001 under NC.W.A- VI and petitioner having retired prior to that is not entitled to that. In respect of claim of pension of the petitioner, it has been stated that Coal Mines Provident Fund Scheme was started w.e.f 31.3.1998 and eligibility was allowed for retired employees, who as such, retired from April 1994 to March 1998, subject to such retired employees exercising their option in Form P.S. II. The said option was however extended till March 2010. The petitioner, however did not submit his option in P.S. Form -II as yet or at the relevant time and therefore, not entitled to pension. So far as Gratuity is concerned, it has been stated that same was calculated and paid totaling Rs. 51,805.20/-. In respect of C.M.P.F amount, both the respondent- Coal Company as well C.M.P.F stated that petitioner has not submitted any application in prescribed format in relation to the same. However, an amount of Rs.7,14,028/- -3-
has been paid to the petitioner, which is not disputed by the petitioner either.
Though, learned counsel for the petitioner had taken time earlier to file rejoinder, however no rejoinder has been filed as yet and once again time is being sought today.
In such circumstances, having heard learned counsel for the parties and having gone through relevant materials on record, therefore, it appears that the petitioner was superannuated on 4.1.1996 and though he approached the Calcutta High Court for relief but thereafter no concrete steps appear to have been taken by the petitioner that his date of birth issued had remained undecided by the respondents. In the instant writ petition he is claiming payment for post retirement dues and salary for the period from 1996 to 2002, claiming that he ought to have retired in July, 2002. From the stand taken by the respondents, it appears that petitioner did not pursue the matter any further as would appear from Annexure-2 to the writ petition, in June 2007 also the petitioner had only made prayer for payment of post retirement dues stating that he superannuated from service on 4.1.1996 itself. It appears that the respondents have released the admissible post retirement dues like Gratuity, C.M.P.F amount to the petitioner and the petitioner was found to not entitled for Leave Encashment amount as also Pension in view of the fact that he has not exercised his option to avail the C.M.P.F Scheme, 1998 even in the extended period till March, 2010. This fact stands un-rebutted by the petitioner.
In that view of the matter, since the admissible post retirement dues have been paid to the petitioner, the writ petition is disposed of, as such.
(Aparesh Kumar Singh, J.) A. Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.6835 of 2011 04/14.03.2014 Let the instant matter be listed along with W.P.S. No. 4872 of 2010 as the cause of action in the instant case is similar to the said writ petition.
In the instant case, petitioner is seeking death cum retiral dues as also compassionate appointment on the death of her husband, who was working under the Non Formal Adult Education Project, which was closed in May, 2001 by the Government of India as well as Government of Jharkhand.
Respondents have appeared and filed their counter affidavit taking a stand that the petitioner's husband was in the Non Formal Adult Education Project, sponsored by the State Government, closed in May, 2001 and did not fulfill the required condition under Rule 58 of the Jharkhand Pension Rules for entitlement of pension.
However, let the instant case be listed along with W.P.S. No. 4872 of 2010.
(Aparesh Kumar Singh, J.)
A. Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4568 of 2011
Girija Nandan Prasad ....... Petitioner
Versus
State of Jharkhand & Ors. ........ Respondents
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. Sarju Prasad
For the Respondents : J.C. to G.P.IV, J.C. to G.A., Bihar & Mr. S. Shrivastava 07/14.03.2014 Heard counsel for the parties.
Petitioner is said to have retired on 31.1.1988 as an Assistant Teacher in K.B.S.S. High School, Chouparan, District Hazaribag and is aggrieved by the reduction of his pension by Memo No. Pen.5-5760 dated 15.12.1993, whereby a sum of Rs. 1547.75/- has been ordered to be adjusted as excess payment of gratuity. The petitioner has in the writ petition filed in the year 2011 sought direction upon the Accountant General, Bihar to refix the pension of the petitioner on the basis of length of his service of 34 years 5 months 25 days claimed by him. He has relied upon a judgment rendered in the case of Ram Phal Sinha Vrs. State of Bihar in C.W.J.C. No. 12830 of 1992 decided on 2.12.1993.
According to the respondent, District Education Officer, Hazaribag, the school in question was fully recognized w.e.f. 1.7.1957 before which the petitioner was not a government teacher having been appointed on 8.8.1953 and therefore his pension was reduced as per the orders of the department vide letter dated 29.11.1978(Annexure-A) to the counter affidavit. The petitioner, therefore cannot claim the length of service rendered in private school for calculating his pension.
Having heard counsel for the parties , it appears that the grievance raised by the petitioner herein is stale and suffers from gross delay and latches. The petitioner claims to have made several representation before approaching this Court after 18 years of issuance of the impugned order in question. The march of time cannot be arrested by simply filing representation. The cause of action was of the year 1993, which has become stale by now.
Accordingly, I am not inclined to interfere with the impugned order in exercise of discretionary jurisdiction in the instant case. The writ petition, is therefore, dismissed on the ground of gross delay and latches.
(Aparesh Kumar Singh, J.) A. Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2922 of 2013 Satya Narayan Prasad Kushwaha & ors. ....... Petitioners Versus State of Jharkhand & Ors. ........ Respondents
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioners : None
For the Respondents : J.C to G.P.IV
07/14.03.2014 None appears on behalf of the petitioner. However, counsel for the
State is present.
An interlocutory application being I.A. No. 6572 of 2013 has been preferred by the petitioner seeking exemption from payment of separate court fees, which has been pointed out by the Stamp Reporter.
However, it appears that each individual petitioner is claiming payment of salary and other legal dues stating that they have been appointed as peon in the college in question. Therefore, each individual petitioner has an independent cause of action and, therefore, are liable to pay separate court fees for joining together in the present writ application.
Accordingly, the prayer made in the instant interlocutory application is rejected and I.A. No. 6572 of 2013 stands dismissed.
W.P.(S) No.2922 of 2013
Petitioner is allowed 3 weeks time to remove the surviving defects.
(Aparesh Kumar Singh, J.) A. Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2839 of 2013 05/14.03.2014 Three weeks time is allowed to remove the defects, failing which, this application shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J.)
A. Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.2790 of 2013
Sushila Malto ....... Petitioner
Versus
State of Jharkhand & Ors. ........ Respondents
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Applicant(Intervenor) : Mr. K.P.Deo
For the Respondents : J.C. to Sr. S.C.II
03/14.03.2014 By way of I.A. No. 1108 of 2014 ,the applicant, herein namely Meera
Malto seeks to intervene as party- respondent in the main writ application stating that she was appointed as Aangan Vari Sevika for the same center on 17.4.2012 after the termination of the present petitioner. However, the petitioner has not impleaded the present applicant as party respondent, though her presence is necessary for effective adjudication of the case, in such circumstances. It is further submitted that an appeal preferred by the petitioner before the Deputy Commissioner, Godda has been decided on 23.12.2013 in which the appointment of the present applicant has also been cancelled. She has also, therefore preferred a writ petition being W.P.S. No. 984 of 2014, which is pending before this Court.
However, none appears on behalf of the petitioner today. Accordingly, in order to give one more indulgence to the petitioner before deciding the prayer made in the instant interlocutory application, the matter is adjourned for two weeks.
Let the instant case be listed along with W.P.S. No. 984 of 2014.
(Aparesh Kumar Singh, J.)
A. Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.2099 of 2013
Govind Singh ....... Petitioner
Versus
The Damodar Valley Corporation & Ors. ........ Respondents
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioners : Mr. Hemant Kumar Shikarwar
For the Respondents : Mr. Tapash Kabiraj
I.A. No. 1559 of 2014
03/14.03.2014 The instant interlocutory application has been filed for seeking deletion
of certain paragraphs from para 26 to 29 of the main writ petition, which is said to have been inadvertently typed incorporating them, though they have no relevance to the present writ application. Apart from that, petitioner also seeks to delete the prayer portion of the writ petition and substitute it by another prayer.
Counsel for the respondents objected to the same.
It appears that the proposed amendments would change the very face of the writ petition. Learned counsel for the petitioner further submit that due to inadvertence such mistake has happened. However, such a wholesale change of the material pleadings and prayer portion of the writ petition cannot be allowed to be made.
In that view of the matter, learned counsel for the petitioner is permitted to withdraw this application in order to file a fresh writ petition with proper prayer, material facts and pleadings.
Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty and I.A. No. 1559 of 2014 also stand closed.
(Aparesh Kumar Singh, J.) A. Mohanty