THE HIGH COURT OF JHARKHAND AT RANCHI
W.P ( S ) No. 1283 of 2008
Keshaw Chandra Mahto ... Petitioner
Versus
State of Jharkhand and others ... Respondents
Coram : HON'BLE MR. JUSTICE D.G.R. PATNAIK.
For the petitioner (s) : Dr. S.N.Pathak
For the respondents : JC to AG.
27. 06. 2009. Heard the learned counsel for the petitioner and the State.
Petitioner in this application has prayed for a direction to the
respondents to pay him his entire retiral benefits and also the benefits of ACP by
fixing his pension in the revised scale together with payment of statutory
interest.
Learned counsel for the petitioner explains that in the year
1972 the petitioner was appointed in the Police Service of the State Govt as a
Sub Inspector of Police and after completing 10 years' service, he was granted
promotion to the post of Inspector of Police. Subsequently, by order dated 16th
May,.2001, he was promoted to the post of Dy. S P. and prior to his retirement on
31.1.2007
, he was posted as Dy.S.P. in the C.I.D under the state of Jharkhand at
Ranchi.
Learned counsel explains that the concerned authority of the
respondents had approved and sanctioned the benefit of ACP to the petitioner
w.e.f. 9.8.1999 but the monetary benefit of ACP was not given to him even after
retirement. Consequently, pension of the petitioner was fixed on the basis of the
last pay drawn by him without addition of the benefits which could have
accrued to him under the ACP. Further more, though the petitioner was
promoted to the post of Dy.S.P, but the benefit of revised pay scale applicable to
the aforesaid post was not given to him. The petitioner filed representations on
9.2.2007 and 9.8.2007 expressing his grievance and demanding payment of the
monetary benefit due to him but since the representations were not considered
at all and no response was forthcoming from the concerned authorities of the
State Government, the petitioner has been compelled to file this writ petition.
No counter affidavit has been filed on behalf of the respondents.
However, learned counsel for the respondent State by
referring to annexure 2 which contains names of several police personnel to
whom benefit of ACP was granted, submits that the petitioner was also granted
benefit of the ACP from 9.8.1999, As regards the claim that despite sanction of
2
benefit of ACP, the monetary benefit has not been given to the petitioner, learned
counsel prays for some time to seek instructions and file counter affidavit.
It appears that except the aforesaid claim of monetary benefit, the
petitioner has been paid all other retiral dues payable to him. It also appears
from annexure-1 that the petitioner was given benefit of ACP with effect from
9.8.1999. It also appears that the petitioner submitted representation demanding
payment of the monetary benefits consequent upon the grant of the ACP, but
the concerned authorities of the respondents have not taken care to consider and
dispose of the representation.
Under the circumstances, the petitioner, within ten days
from the date of this order, may file a fresh representation before the concerned
authority of the respondents stating in detail his claim and the grounds in
support thereof, together with a copy of this order and within two months from
the date of receipt of the representation, the concerned authority of the
respondents shall consider the petitioner’s representation and take an
appropriate decision on the same by passing a reasoned and speaking order and
effectively communicate such decision to the petitioner. If the petitioner’s claim
is found genuine, then the respondents shall assess the total monetary benefits
which could have accrued to the petitioner on the basis of the grant of ACP and
also on the basis of the revised pay scale applicable to the post of Dy.S.P. from
the date of his promotion to the aforesaid post.
The amount so assessed shall be paid to the petitioner within
one month from the date of the decision on the petitioner’s representation. If the
amount assessed as payable is not released and paid to the petitioner within the
stipulated period, the same shall carry interest at the rate of 12 per cent payable
form the date when the petitioner retired from service till the date of final
payment.
With the above observation, this application is disposed of.
Let a copy of this order be given to the learned counsel for
the respondent State.
Ambastha/ (D.G.R. Patnaik,J)
