Shailbala Chaudhary vs The State of Bihar and Others

Radha Mohan Prasad, J.—This writ petition has been filed by the widow of Late Tulanath Chaudhary, who retired on 31.1.1991 while posted as Assistant Director (Planning) and holding an additional charge of Deputy Director (Planning) in the Department of Secondary, Primary & Adult Education, and ultimately died on 16.5.2000 without getting his leave encashment and differential amount on account of promotion granted in the Junior Selection Grade and Senior Selection Grade w.e.f. 1.11.1985 and 1.11.1989 respectively vide Annexure-1. Despite service of notice long back on 17.2.2003, the respondent State officials have not bothered to respond.

A counter affidavit has been filed on behalf of the Accountant General, respondent No. 10, in which it is stated that the details regarding grant of Junior Selection Grade and Senior Selection Grade were called for from the Director, Administration-cum-Joint Secretary, Secondary, Primary & Adult Education Department, Bihar, Patna vide letter dated 6.3.2002.

It is further stated that simultaneously, a letter was also sent to the Under Secretary, Finance Department, calling for the service history and service book for the purpose of pay fixation to be done by the deponent.

Learned counsel appearing for the Accountant General submitted that despite best efforts, there has been no response from the said two authorities. It is further submitted that no sooner necessary papers/service book are received, the Accountant General shall do all needful.

Learned counsel for the petitioner has submitted that the sanction order with respect to leave encashment was also issued long back on 7th June, 2000 vide Annexure-3 (series) to the Under Secretary, Finance Department, Pay & Entitlement Cell, Bihar, Patna, but still the said dues have not been paid.

This Court, in the facts and circumstances aforementioned, strongly deprecates the attitude of the State Officials and directs the concerned authority, namely, Director Administration-cum-Deputy Secretary, Secondary, Primary & Adult Education, Govt, of Bihar, Patna, respondent No. 6 and the Under Secretary, Finance Department, Pay & Entitlement Cell, respondent No. 8 to issue necessary papers and forward the service book of the petitioner to the Accountant General for immediate redressal of the aforementioned grievances of the petitioner.

The respondent No. 8 is further directed to issue authority with respect to leave encashment within three days of the receipt/production of a copy of this order.

The Accountant General, respondent No. 10, is directed to issue necessary authority/authorisation for payment of the differential amount as well as consequential fixation of pension/gratuity in the light of the promotion granted to the deceased Government servant vide annexure-1 within one week of the receipt of the necessary sanction/service book from the concerned authority of the State.

In case of non-compliance of any part of this order, the concerned authority shall be liable to pay cost of Rs. 5,000/-from his pocket to the petitioner. In absence of any explanation muchless cogent explanation, the petitioner will be entitled for interest at the rate of 8 per cent per annum on the amount of leave encashment from the date of retirement till the payment is made. The amount of interest shall be paid to the petitioner by the State and shall be recovered from the erring official.