Ramchandra Mahto vs State of Jharkhand and Another

R.R. Prasad, J.—Vide order dated 5.12.2012, an order was passed directing the Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad to make payment towards provident fund, leave encashment, pension and A.C.P. by 4.12.2012, failing which the Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad was directed to remain present in the Court. Mr. I. Sinha, learned counsel appearing for the Dhanbad Municipal Corporation, Dhanbad submits that though the order was there but the same order could not be communicated to the Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad on account of its oversight and that is why the Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad is not present.

Learned counsel appearing for the Dhanbad Municipal Corporation further submits that the amount of the provident fund could not be paid as nothing seems to be there on the record showing contribution being made by the petitioner towards provident fund. Similarly, payment towards leave encashment could not be made as the petitioner had earlier been asked to produce an order sanctioning payment of leave encashment which order could not be produced by the petitioner and that so far the payment of the pension is concerned, it is not on the record as to whether the petitioner had made application for payment of pension and thereby no order could be passed relating to payment towards pension.

Upon it Mr. Amit Kumar Sinha, learned counsel appearing for the petitioner submits that all the documents are there with him showing contribution being made by the petitioner towards provident fund, still the authority is taking the stand that no contribution has been made by the petitioner towards provident fund.

However, it was submitted that so far the order sanctioning payment of leave encashment is concerned, that order must be lying with the authority and therefore, there had been no reason for the authority to direct the petitioner to produce the order sanctioning payment towards leave encashment.

However, in order to cut short the matter, it would be appropriate and proper that a supplementary affidavit be filed on behalf of the petitioner showing contribution being made by him towards provident fund.

Similarly, statement be made in the supplementary affidavit that an order has been passed relating to sanction of the amount payable towards leave encashment by giving reference of the order.

At the same time, statement be made also with respect to the fact as to whether any application was made or not before the authority for making payment of pension.

Under the circumstances, personal appearance of Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad is dispensed with.

However, let this matter be posted after two weeks so that an affidavit to the effect as stated above be filed on behalf of the petitioner. Let a copy of this order be handed over to the learned counsel appearing for the Dhanbad Municipal Corporation for needful.