Seema Kumari vs State Of Jharkhand And Ors

The petitioner has approached this Court with a prayer for a direction upon the respondents to fix the pension of the petitioner and issue pension slip

and pay entire dues related to post retiral benefits, which has not paid to her though she superannuated on 23.06.2017 under Voluntary Retirement

Scheme.

Bereft of unnecessary details, the petitioner was appointed as a Teacher in Middle School Amghatta, Dumra, Sitamarhi and then appointed as

Assistant Teacher through Bihar Public Service Commission, Patna on the basis of direct commission and joined the service at Indira Gandhi Balika

Vidyalaya, Hazaribagh as Assistant Teacher, Grade-II, Bihar Ex-cadre in the Physics Department. The petitioner worked to the utter satisfaction of

the respondents but due to personal reasons sought retirement by way of Voluntary Retirement Scheme (VRS) from the respondents, by submitting an

application to the respondents. Thereafter, approval was accorded to the application of the petitioner and she was granted VRS from 23.06.2017. It is

specific case of the petitioner that though she made an application much prior to the date of approval but it was only on 23.06.2017, approval was

granted and she was retired. However, she worked till 15.07.2017. After superannuation, the petitioner has been paid only GPF amount and part of

Group Insurance, but pension and other admissible dues of the petitioner has not been paid and as such, she has been constrained to knock the door of

this Court.

Mr. Anil Kr. Sinha, Sr. Advocate assisted by Mr. Pankaj Kumar, learned counsel for the petitioner submits that a female teacher has been harassed

at the hands of the respondents though she has taken VRS, but pensionary benefit as well as other admissible dues of the petitioner has not been paid

till date, save and except GPF amount and part payment of Group Insurance. Learned Sr. counsel for the petitioner focuses on the statutory provisions

of Voluntary Retirement and submits that as per Rule 74 B (iii), it was incumbent upon the respondents to give three months notice to the petitioner

before approval of the voluntary retirement. It is further submitted that prior to three months, the petitioner was made to retire though the respondents

have taken work from the petitioner ever after her superannuation. Learned Sr. counsel further argues that e-pension paper has also been submitted

by the petitioner on 27.04.2018 and as such, a direction be given upon the respondents to fix the pension of the petitioner and pay the other admitted

dues of the petitioner with interest.

Per contra, counter-affidavit has been filed. Mr. Ajit Kumar, learned counsel appearing on behalf of the respondent-State submits that fixation of

pension and other retiral benefits was not paid to her because of her own fault as she has not submitted pension paper, by way of online application

even then e-pension paper submitted by the petitioner was erroneous and as such, it was returned to the petitioner for making suitable correction, but

the petitioner did not correct the same till date.

Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs

consideration. A female teacher has knocked the door of this Court for getting her admitted retiral dues and fixation of pension. It appears that due to

her personal problem, the petitioner made an application for Voluntary Retirement as per Scheme and as per Rule 74 B (iii), same was accepted on

23.06.2017. Rule 74 B (ii) & (III) clearly provides that:-

(ii) The appointing authority concerned may after giving a Government servant at least three month’s previous notice in writing, or an

amount equal to three month’s pay and allowance in lieu of such notice, require him in public interest, to retire from service on the date

on which such a Government servant complete thirty years of qualifying service or attains fifty years of age or on any date thereafter to be

specified in the notice.

(iii) A Government servant who retires voluntarily is required to retire in public interest under this rule on attaining the age of 50 years, or

completing qualifying service of 30 years, shall be entitled to retiring pension and death-cum-retirement gratuity.

Admittedly, the petitioner’s voluntary retirement application was approved on 23.06.2017 as per the Rule, she is entitled for retirement benefits,

but till date, respondents have only paid the GPF amount and part payment of Group Insurance, the other benefits have not been paid till date. This

amounts to harassing a female teacher at the hands of the Government. Accordingly, respondent No.2 is directed to release the entire amount payable

to the petitioner under retirement benefits with 10 % statutory interest from the date of his superannuation i.e. 23.06.2017.

Accordingly, writ petition stands disposed of.