Smt.Kubra Bee vs Mabood Khan & Ors.

The petitioner before this Court is a retired employee, who was initially appointed as Naib Tehsildar on 08.11.1978 and was subsequently promoted to the post of Deputy Collector in the year 1994. He stood superannuated on 28.02.2009 from the post of Joint Collector.

The grievance of the petitioner is that the respondents are not settling his terminal benefits despite making a detailed representation in this behalf. It is further contended by the petitioner that despite his date of retirement as 28.02.2009, his pension claim was finalized only on 12.03.2013 i.e. after a delay of more than four years and still the benefit of GIS (Group Insurance Scheme) / FBP (Family Benefit Fund) and arrears of pay fixation has not been settled.

In their return, the contention of the respondents is that the petitioner''s service book got misplaced and after duplicate service book was obtained the same was forwarded for approval to the District Treasury Officer, Bhopal and due to this procedural delay, the benefits could not be extended to the petitioner in time, hence the pension, gratuity along with leave encashment could not be finalized in time. In respect of the claim of the petitioner regarding GIS (Group Insurance Scheme) / FBP (Family Benefit Fund), it is submitted that the same has been paid to the petitioner and interest on delayed payment and arrears of GIS/FBF would also be paid in accordance with the rules. Hence, it is submitted that the petition is liable to be dismissed.

In rejoinder to the reply, the petitioner has also brought on record, the shortfall under the various heads which are still to be paid by the government.

Heard the learned counsels for the parties and perused the record. It is apparent that the petitioner stood retired on 28.02.2009 and his pension was finalized only on 12.03.2013 and other benefits were also extended to him rather belatedly.

The petitioner has also relied upon the Division Bench Judgment of this Court reported in 2002(5)M.P.H.T.124 (I.P. Malik Vs. State of M.P. And others) wherein it is held that delay in payment of service benefits like pension, gratuity and leave encashment are liable to be slapped with interest as per Rules 57 and 57(2) of M.P. Civil Services (Pension) Rules, 1976. According to the petitioner, he was also suffering from AVM (Artero-Venous Malformation) during the year 2009 and was hospitalized twice at Breach Candy Hospital, Mumbai, which also necessitates the early payment of his dues.

Under these circumstances, the petition is disposed of with a direction to the respondents to settle the petitioner''s claim expeditiously and award all the benefits pursuant to his retirement on 28.02.2009 taking into account the amount as claimed by the petitioner in the rejoinder that whether it is payable or not, within a period of six weeks from the date of receipt of certified copy of this order.

Certified copy as per rules.