Draweshwar Ram vs The State Of Bihar And Ors on 1 May, 2019

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Patna High Court - Orders

Draweshwar Ram vs The State Of Bihar And Ors on 1 May, 2019

Bench: Nilu Agrawal

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.15228 of 2018
                ======================================================
                Draweshwar Ram Son of Late Kangali Ram, resident of Village- Gorigama,
                Post Office Police Station- Mahua, District- Vaishali ... Petitioner
                                                   Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Education Department, Bihar, Patna
           3.    The Director, Primary Education, Bihar, Patna
           4.    The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur
           5.    The District Education Officer, Vaishali
           6.    The District Programme Officer Establishment, Vaishali
                                                            ... Respondents
                ======================================================
                Appearance :
                For the Petitioner     :       Mr. Binod Kumar, Adv.
                For the Respondents    :       Mr. Madhaw Pd. Yadaw, GP XXIII with
                                               Mr. Sanjay Kumar, AC to GP XXIII
                ======================================================
                CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
                                      ORAL ORDER

2 01-05-2019

Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

Petitioner retired on 31.01.2016 while posted as Headmaster, Middle School, Singhara, Vaishali. After his retirement, the office of the Accountant General, Bihar, Patna, had sanctioned gratuity, pension as well as commutation of pension to the petitioner.

Learned counsel for the petitioner is aggrieved by the order, dated 28.12.2016, issued by the District Programme Officer (Establishment), Vaishali, stating therein that since a departmental proceeding is pending against the petitioner, a sum of Rs.10,00,000/- on account of gratuity has been withheld. Learned counsel for the petitioner submits that all the other retiral benefits has been paid, pension commuted and paid and even month-to-month 100% pension is being given to him. He submits that the petitioner had earlier moved this Court in C.W.J.C. No. 11925 of 2013, which was disposed of on 19.07.2013, along with other analogous cases wherein the Patna High Court CWJC No.15228 of 2018(2) dt.01-05-2019 2/3 allegation against the petitioner and others was that they had not accounted fund which they had received for certain civil schemes. This Court while keeping the departmental proceeding in abeyance, directed the Director, Primary Education, to take a final decision on or before 31st December, 2013. The order passed in C.W.J.C. No. 11925 of 2013 and analogous cases is annexed as Annexure 2.

The learned counsel for the petitioner submits that no decision was taken by the Director and after his superannuation although Pension Payment Order for gratuity has also been prepared, but, the same is forfeited for the time being due to pendency of departmental proceeding.

In the counter affidavit the State has merely stated that since a departmental proceeding initiated against the petitioner has to continue, hence, a sum of Rs.10,00,000/- has been withheld from gratuity.

Learned counsel for the petitioner submits that in similar matter in the case of Rajeshwar Prasad Singh Vrs. The State of Bihar & Ors. (C.W.J.C. No. 499 of 2017), dated 16.10.2017, this Court had observed that since full and final gratuity and pension have been fixed and commutation of pension which has been paid to the said employee, the departmental proceeding which was never converted under Rule 43(b) of the Bihar Pension Rules, it will be presumed that Patna High Court CWJC No.15228 of 2018(2) dt.01-05-2019 3/3 no departmental proceeding is pending against the petitioner.

The present writ is allowed in terms of the order passed in C.W.J.C. No. 499 of 2017 in the case of Rajeshwar Prasad Singh Vrs. The State of Bihar & Ors.

The District Programme Officer (Establishment), Vaishali, respondent no. 6, is directed to make payment of the full amount of gratuity sanctioned to the petitioner within a period of three months from the date of receipt/production of a copy of this order. If the gratuity is not paid within the period of three months, the petitioner is entitled to 7% interest from the date it became due till the date of actual payment. In case of payment of interest, the State Government shall be at liberty to recover the amount of interest from the officer(s) responsible for the delay caused in payment of amount of gratuity in accordance with law.

(Nilu Agrawal, J) Shamshad/-

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Patna High Court - Orders