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2018 Supreme(Gau) 1403
IN THE HIGH COURT OF GAUHATI, ITANAGAR BENCH
Ajit Borthakur, J.
Dorjee Tsering - Appellant
Vs.
State of Arunachal Pradesh - Respondent
WP (C) No. 319 (AP) of 2018
Decided On : 29-06-2018
For the Petitioner:Mr. T.T. Tara, Advocate
For the Respondents: Mr. D. Soki, Addl. Sr. GA
Headnote:
Constitution of India, 1950 - Article 226 - Retirement from service - Audit & Pension - Petitioners case in a nut-shell is that petitioner retired from service as Head Assistant of Office of Additional Deputy Commissioner District Arunachal Pradesh and as per order vide Memo issued by Principal Secretary Vigilance Govt. of Arunachal Pradesh it is mandatory to obtain NOC and Vigilance clearance by every retired government employee from concerned Deputy Commissioner to draw pension and aforesaid order further provides that in case of failure of issue of NOC within a period of six weeks NOC and Vigilance clearance shall be deemed to be considered as issued and it is case of petitioner that he submitted two representations on addressed to respondent praying for issuance of Vigilance clearance and NOC respectively so as to enable him to draw pensioner benefits his representations are yet to be considered by authorities concerned - Held, Counsel for petitioner referred to Court feel it appropriate to quote two relevant paragraphs from judgment of Supreme court rendered in Civil Appeal More than years ago it was said by Privy Council and these proceedings certainly what was said by and what has been often stated before that difficulties of a litigant in India begin when he has obtained a Decree and somewhat fate seems to await government servants on getting retired they have to struggle for due pension and Supreme Court recommended in following words Court recommend to Department of Personnel and Training of Government of India to try and make life- After retirement easier for a government servant by having appropriate legislation enacted by Parliament or applicable Pension Rules rather than of Instructions Officer Memoranda Clarifications Corrigenda and so on and so forth this Court is concerned with lamentable condition of a retired employee of Govt. of Arunachal Pradesh who is struggling hard to get his pensioner benefits and in view of above - Respondent authorities more particularly respondents and are directed to initiate process of pension due to petitioner without waiting for any NOC and vigilance clearance from office of respondents expeditiously and in event authorities are of view that a NOC is also required to be provided by Vigilance department and Vigilance department shall forthwith consider eligibility of petitioner for a NOC and pass an appropriate reasoned order and in no Vigilance Department will sit over matter and not take a decision - Writ petition is disposed of
Ajit Borthakur, J.
Heard Mr. T.T. Tara, learned counsel for the petitioner and Mr. D. Soki, learned senior Govt. Advocate appearing for the State respondents.
2. By preferring this petition under Article 226 of the Constitution of India the petitioner has sought for a direction to the respondent No. 2/the Commissioner (vigilance), Govt. of Arunachal Pradesh and the respondent No. 3/the Deputy Commissioner, West Kameng District, Bomdila, Arunachal Pradesh to issue No Objection Certificate (for short 'NOC') and Vigilance clearance respectively, in his favour, within a period of one week and further, to direct the respondent No. 41 the Additional Deputy Commissioner, West Kameng District, Bomdila Arunachal Pradesh and respondent No. 5/the Director, Audit & Pension, Arunachal Pradesh, to process his pension file, without NOC and vigilance clearance from the offices of the respondents No. 2 and 3.
3. The petitioner's case, in a nut-shell, is that the petitioner retired from service, on 31.12.2017, as Head Assistant (HA) of the Office of the Additional Deputy Commissioner, Singchung, West Kameng District, Arunachal Pradesh. As per order vide Memo No. VIG-71/2014/45, dated 06.06.2017, issued by the Principal Secretary (Vigilance), Govt. of Arunachal Pradesh, it is mandatory to obtain NOC and Vigilance clearance by every retired government employee from the concerned Deputy Commissioner to draw pension. The aforesaid order further provides that in case of failure of issue of NOC within a period of 6 (six) weeks, the NOC and Vigilance clearance shall be deemed to be considered as issued. It is the case of the petitioner that he submitted two representations, on 03.05.2018, addressed to the respondent No. 3 praying for issuance of Vigilance clearance and NOC respectively, so as to enable him to draw pensionary benefits, however, his representations are yet to be considered by the authorities concerned. Hence, the instant petition is filed praying for directions as stated above.
4. Mr. T.T. Tara, learned counsel for the petitioner, contends that it is judicially settled that the pension is not the bounties and by no Standing Order of the government, the pensioner can be deprived of his right to pension. Mr. Tara, further submits that this court in W.P.(C) No. 120 (AP) 2018 directed the authorities, in a similarly situated fact situation of the present petitioner, to initiate the process for granting pension and pensionary benefits, without NOC.
5. Mr. D. Soki, learned Addl. Senior Government Advocate, Arunachal Pradesh, contends, with reference to the circular No. VIG-71/2014, dated 06.06.2017, that in case of the petitioner, the Deputy commissioner, who is to issue the NOC required by the petitioner to draw his pensionary benefits and thereafter only, on his forwarding of the pension papers the State Pension Department can process for pension and as such, a similar order that was passed, on 20.06.2018, in W.P. (C) No. 295 (AP)/2018 can be passed.
6. It is noticed that the Vigilance Department, Govt. of Arunachal Pradesh by the above noted Circular/order, dated 6.6.2017, directed all Head of offices and Deputy Commissioner-cum-District Vigilance Officer, Govt. of Arunachal Pradesh, laying down the procedure for grant of vigilance clearance for the purpose of drawing pensionary benefits by the retired employees. It reads:-
"Government of Arunachal Pradesh Vigilance Department:: A.P. Secretariat Itanagar
ORDER
No. V1G-71/2014 Dated, Itanagar, 06.06.2017
Sub:- Procedure for grant of Vigilance Certificate
It has been reported by Deputy Commissioner, Itanagar, Capital Complex that there are approximately 3,175 cases, wherein the occupants of Govt. accommodation have either occupied those structures permanently or demolished to construct new buildings.
Further, this action on the part of the allottee Govt. servants is in violation of Conduct Rules and amounts to criminal proceedings. On the other hand, there is acute shortage of resident
