IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 3721 of 2004
...
Ram Ji Mishra ... ... Petitioner
-V e r s u s-
1. The State of Jharkhand
2. The Deputy Director of Accounts, South Bihar and Chhotanagpur Area,
Now Jharkhand State Electricity Board, Ranchi.
3. The General Manager-cum-Chief Engineer, South Bihar and
Chhotanagpur Area, Electricity Board, Ranchi.
4. Electrical Executive Engineer, Electric Supply Division, Lohardaga
(Jharkhand). ... Respondents.
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - Mr. Ishteyaque Ahman, Advocate.
For the Respondent-State : - J.C. to S.C. (L&C).
For the Respondent-J.S.E.B. : - M/s. A. K. Pandey & Alka Sharma.
...
4/08.01.2010
Heard the learned counsel for the parties.
2. Petitioner, in this writ application, has prayed for a direction upon
the Respondents to refund to him the deducted amounts, which at the rate of
Rs.359 per month, was recovered from the petitioner’s pension amount from June
2000 to April, 2004. The claim for refund of the total amount together with a
claim for payment of interest has been made on the ground that the recovery of
money from the petitioner’s pension amount has been made in a most illegal and
arbitrary manner without any authority whatsoever.
3. The petitioner was appointed as an unskilled worker and joined
service on such post on 09.11.1959 in the Electrical Department of the
Respondent-J.S.E.B. He superannuated from service on the post of Line man,
while working in the Electric Supply Division, Lohardaga, on 30.11.1999.
4. Prior to the date of his retirement, the petitioner had submitted his
offer for sale of a portion of his pension as per the prescribed Rules. His offer was
accepted and accordingly, the General Manager-cum-Chief Engineer of South
Bihar and Chhotanagpur Area of the Electricity Board, Ranchi (Respondent No.
3) by his office order dated-01.09.2000 accorded sanction for payment of
Rs.42,261.48 to the petitioner and a direction accordingly, was issued to the
Executive Engineer, Electric Supply Division, Siwan (Bihar) by the Deputy
Director of Accounts, South Bihar and Chhotanagpur Area, Ranchi vide letter
dated-19.09.2000.
5. The petitioner’s grievance is that in spite of the order of sanction
and the directions given by the superior officer, the said amount of Rs.42,261.48
has not been paid to the petitioner and on the contrary, a sum of Rs.359/- per
month was deducted from the pension amount of the petitioner since June, 2000
and such deductions continued to be made till the month of April, 2004.
6. Learned counsel for the petitioner explains that the petitioner was
neither informed nor any advance notice was served upon him explaining as to
why the deduction of the said amount from his pension was being made nor was
he afforded any opportunity to explain as to why such deductions should not be
made.
Learned counsel adds further that during the pendency of
this writ application, the Respondents have released and refunded the entire
amount, which was earlier recovered from his pension sometime in the month of
July, 2005 but they have not paid any interest over the total amount of money,
which they have illegally retained with them for a period of more than four years
prior to the date of refund. Learned counsel submits that the petitioner is entitled
to claim and receive interest on the accumulated amount of money, which was
illegally recovered from the petitioner’s pension amount.
7. Though, learned counsel for the Respondent is present but no
counter affidavit has been filed. However, from the facts stated by the petitioner
including the fact that the Respondents have since refunded the total amount,
which they had earlier recovered from the petitioner’s pension amount, the only
issue, which remains to be decided, is in respect of the payment of interest on the
money retained by the Respondents.
8. Considering the facts and circumstances, this writ application is
disposed of with liberty to the petitioner to file a fresh representation before the
concerned authorities of the Respondents raising his claim and stating the grounds
in support thereof and within two months from the date of receipt of such
representation, the concerned authorities of the Respondents shall consider the
petitioner’s claim for appropriate interest on the total amount and pass an
appropriate order in accordance with law and shall effectively communicate such
decision to the petitioner.
9. With these observations, this writ application stands disposed of.
10. Let a copy of this order be given to the learned counsel for the
Respondents-J.S.E.B.
(D.G.R. Patnaik, J.)
APK