IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3813 of 2010
Sri Srinivas @ Shreeniwas Pathak ............ ............ Petitioner
Versus
State of Jharkhand & Ors. .............. ......... Respondents.
..............
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
..............
For the petitioner : Mr. V.P. Tiwary, Advocate
For the State : Mr. J.C. to S.C.III.
For the Accountant General : Mr. S. Srivastava, Advocate
.............
4/29.04.2011
: The petitioner, in this writ petition, has prayed for direction on the
respondents to fix pension in revised scale according to the 6th Pay
Commission and also to pay the G.P.F. and other accrued dues to the
petitioner.
It has been submitted that the petitioner retired on attaining the
age of superannuation from the post of Executive Engineer, Irrigation
Department on 30.10.2006. After retirement the petitioner’s retiral dues
and other dues were not paid to him. He had, therefore, preferred a writ
petition being W.P.(S) No.1696/2008. After filing the said writ petition the
respondents paid some of his retiral benefits, but still his amount of
G.P.F. has not been paid. The respondents have also not considered
the petitioner’s claim of fixation of his pension on the basis of revision
according to the 6th Pay Commission. The petitioner made request and
filed representation, but to no effect.
Learned counsel appearing on behalf of the Accountant General
submitted that the petitioner’s claim for fixation of pension in the light of
the 6th Pay Commission revision has been accepted and authorization
letter for payment of arrears has already been issued by the office of the
Accountant General on 29.9.2010. His gratuity has also been revised in
accordance with 6th Pay Revision and the order has been issued to that
effect as well.
Learned counsel appearing on behalf of the State submitted that if
the G.P.F. amount is still due, the same shall be released to the
petitioner without further delay.
Considering the said submissions, this writ petition is disposed of
directing the District Provident Fund Officer, Ranchi to look into the
petitioner’s claim and pass appropriate order in accordance with law
within a period of six weeks from the date of receipt/production of a copy
of this order.
-2-
If the amount(s) of G.P.F. is/are found due and payable to the
petitioner, the admitted amount(s) shall be paid to him within a period of
six weeks thereafter.
(Narendra Nath Tiwari, J)
Shamim/