In the High Court of Jharkhand at Ranchi
W.P.(S) No.5530 of 2008
Brajnandan Singh ...................................................Petitioner
VERSUS
Jharkhand State Electricity Board and others....Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : Mr.B.N.J.Prabhakar
for the J.S.E.B : Mrs. I.Sen Choudhary
7/ 28.7.11
. Heard learned counsel appearing for the petitioner and learned
counsel appearing for the J.S.E.B.
In spite of the order dated 5.5.2010 and 24.5.2010, no counter
affidavit was filed on behalf of Electricity Board.
Learned counsel appearing for the petitioner submits that the
petitioner while holding the post of Electrical Superintending Engineer, Jharkhand
State Electricity Board, got retired on 31.12.2006 but since then the amount payable
towards full pension, gratuity and leave encashment has not been paid and that
apart, statutory interest payable on the amount of G.P.F has also not been paid and
the reason for withholding of the 10% of the pension as well as gratuity and leave
encashment, is that one vigilance case is pending against him since long but on
account of pendency of vigilance case, the amount of pension, gratuity and leave
encashment cannot be withheld in view of the decision rendered in a case of
Dr.Dudh Nath Pandey vs. State of Jharkhand and others [2007(4) JCR 1 (Jhr)
(FB)] and therefore, the respondent be directed to make payment of the rest of
pension, gratuity and leave encashment and that apart, respondent be directed to
make payment of statutory interest upon the amount paid to the petitioner towards
G.P.F.
I do find substance in the submission advanced on behalf of the
petitioner. It has been well settled in the case referred to above that the Government
does not have any power to withhold gratuity and pension during the pendency of the
departmental proceeding or criminal proceeding .
Further it has been held that it does not give any power to
withhold leave encashment at any stage either prior to the proceeding or after
conclusion of the proceeding.
In view of the settled principle, the petitioner is entitled to have
rest of the amount of pension as well as gratuity and leave encashment.
Accordingly, the Secretary, Jharkhand State Electricity Board,
respondent no.2 is directed to make payment of the amount to be paid towards
pension, gratuity and leave encashment within a period of eight weeks from the
receipt/production of a copy of this order.
Further it be recorded that since the claim towards interest
payable on the amount of G.P.F has still not been decided, the petitioner is directed
to make a representation before the Director of Accounts (T/B), Jharkhand State
Electricity Board, respondent no.4 within a period of three weeks from today. On
receiving the said representation, respondent no.4 shall be taking decision in the
matter of payment of interest upon the G.P.F within a period of eight weeks
thereafter.
With the aforesaid direction/observation, this writ application is
disposed of.
( R. R. Prasad, J.)
ND/