Rameshwar Prasad Ray vs State of Jharkhand and Others

S.J. Mukhopadhaya, J.—This application has been preferred by the petitioner for direction upon the respondents to pay pension and other retiral benefits such as, gratuity, leave encashment etc. on the basis of last pay drawn by him, as stipulated under Bihar Pension Rules, 1950.

According to the petitioner, he was appointed as Assistant Teacher on 5th August, 1957 and subsequently, superanruated from the service of the State on 31st January, 1999 after having successfully completing 42 years of service. At the time of retirement, he was drawing salary in the senior selection grade of Rs. 5.500/- 9.000/- and posted as Assistant Teacher at Dangalpara Primary School, Madhupur.

The grievance of the petitioner is that though he was drawing total salary of Rs. 7.550/- on the date of retirement, but after retirement his pension was fixed on lower scale showing last pay drawn as Rs. 6.950/-, which resulted in payment of less pension, gratuity and leave encashment to the petitioner.

In the counter-affidavit, the stand taken by the 4th respondent-Accountant General (A & E), Jharkhand that authorities of pension and gratuity payment was issued in favour of the petitioner on the basis of sanction order and documents which was submitted by the 3rd respondent-District Superintendent of Education, Deoghar. The 3rd respondent-District Superintendent of Education, Deoghar has filed counter-affidavit and has stated that Memo No. 1276, dated 18th August, 1998, on the basis of which the petitioner claims, was a conditional order and not a final order. It is further stated that such order was passed subject to the, objection, if any, made by the Finance Department or any Departmental Agency. It appears that the said respondent has also raised certain question relating to the seniority of the teacher or getting higher grade, though that issue cannot be determined by the authority at this stage, nor can be raised before this Court at the time of final fixation of pension, gratuity and leave encashment.

In the facts and circumstances, case is remitted back with the direction to the 3rd respondent-District Superintendent of Education, Deoghar to finalize the pension, gratuity and leave encashment of the petitioner taking into consideration the last pay drawn by him, as stipulated under the law and to obtain appropriate order, if so required from the Office of Accountant General (A & E), Jharkhand and pay all admitted dues along with interest @ 5%, to be calculated from the date of retirement, payable within three months from the date of receipt/production of copy of this order, failing which D.S.E., Deoghar shall be liable to pay a cost of Rs. 10.000/- in favour of the petitioner.

In case of any adverse decision, the authority will communicate the ground to the petitioner. The petition stands disposed of with the aforesaid directions/observations. However, there will be no order as to cots.