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2013 Supreme(Jhk) 1341
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, J.
Devidas Gupta - Petitioner
Versus
State of Jharkhand & Ors. - Respondents
W.P. (S) No. 203 of 2013
Decided on: 10.12.2013
Advocate Appeared
For the Petitioner:Mr. Bhanu Kumar, Advocate
For the Respondents: Mr. Ajit Kumar, J.C. to G.P. IV
Entitlement to exemption from departmental examination upon reaching 50 years of age and authority to recall/cancel monetary benefits.
Headnote:
Pension - Challenge to Order - Exemption from Departmental Examination - [Pension] - [Resolution dated 26.05.2005, Letter dated 09.11.1983, Letter issued in May, 1992, Letter dated 06.02.2010] - The court discussed the petitioner's entitlement to pension and gratuity, focusing on the exemption from passing the departmental examination upon reaching 50 years of age. The court emphasized the legal provisions granting exemption and the authority to recall/cancel monetary benefits. The decision was influenced by the interpretation of these provisions, leading to the quashing of the order cancelling the petitioner's benefit and directing the respondents to calculate and make payment of pension and gratuity to the petitioner.
Fact of the Case:
The petitioner sought direction for the fixation and payment of final pension and gratuity, which was withheld due to the cancellation of the 2nd ACP benefit granted to the petitioner.
Finding of the Court:
The court quashed the order cancelling the 2nd ACP benefit and directed the respondents to calculate and make payment of pension and gratuity to the petitioner.
Issues: Entitlement to pension and gratuity, validity of order cancelling 2nd ACP benefit, authority to recall/cancel monetary benefits.
Ratio Decidendi: The petitioner's entitlement to exemption from passing the departmental examination upon reaching 50 years of age, and the authority of the Screening Committee and Finance Department to grant and recall/cancel monetary benefits.
Final Decision: The order cancelling the 2nd ACP benefit was quashed, and the respondents were directed to calculate and make payment of pension and gratuity to the petitioner.
I.A. No. 8786 of 2013
By the Court - This interlocutory application has been filed seeking permission to challenge order dated 31.12.2012, a copy of which has been produced alongwith the counter-affidavit filed on behalf of the respondents.
2. In view of the averments made in the application, I.A. no. 8786 of 2013 is allowed.
W.P. (S) No. 203 of 2013
The petitioner has approached this Court seeking a direction upon the respondents for fixation and payment of final pension and gratuity along with arrears of pension with interest @ 5%. As noticed hereinabove order dated 31.12.2012 is also under challenge in the present proceeding.
2–A. The brief facts of the case are that, the petitioner was initially appointed as Treasure Guard on 09.06.1971 and thereafter, he was appointed as Correspondence Clerk on 20.07.1972. The petitioner was appointed as Correspondence-cum-Typist Clerk by order dated 05.05.1975 and he superannuated from service w.e.f. 31.05.2009. The petitioner was granted benefit of 2nd ACP by order dated 24.07.2004 pursuant to a decision taken by the Screening Committee on 15.06.2004. The finalisation of pension of the petitioner and payment of gratuity was withheld on the ground of non-confirmation of grant of ACP to the petitioner and finally by order dated 31.12.2012, the order granting 2nd ACP to the petitioner has been cancelled.
3. A counter-affidavit has been filed by the respondents stating as under :
5. “That it is stated and submitted that the petitioner joined as Correspondence Clerk cum Typist in pay scale of 220-315 in National Highway Circle, Ranchi on 09.05.1975. He retired from the Government Service on 31.05.2009. Superintending Engineer, National Highway Circle, Ranchi vide his letter no. 68 dated 24.07.2004 has given the provisional benefit of 2nd ACP to petitioner. On this ground pay fixation was done and accordingly his monthly salary was paid. After retirement petitioner has been paid the retirement benefits on provisional basis. His service book and details in prescribed format was submitted to Divisional Commissioner, Ranchi for confirmation of benefits of ACP by Superintending Engineer, National Highway Circle, Ranchi vide his letter no. 811 dated 28.06.2012. Divisional Commissioner, Ranchi has not confirmed the above benefits on the ground that petitioner has not passed all the departmental accounts examination. (He has passed only first paper to its final level). This was intimated to Superintending Engineer, National Highway Circle, Ranchi vide this office letter no. 2135 (Anu) dated 05/12/2012. Superintending Engineer, National Highway Circle, Ranchi vide his office order no. 34 dated 31.12.2012 has cancelled the provisional benefits of 2nd ACP to petitioner (earlier granted to him vide Superintending Engineer, National Highway Circle, Ranchi letter no. 68 dated 24.07.2004) and ordered to recover the financial benefits taken by him due to it.”
4. The learned counsel appearing for the petitioner relying on the order dated 06.02.2010 and letter dated 09.11.1983, which has been reiterated in letter no. 4674 issued in May, 1992, has contended that, since the petitioner completed the age of 50 years on 01.06.1999, he become eligible for grant of exemption from passing the departmental examination. Considering this aspect of the matter, the Screening Committee in its meeting dated 15.06.2004 recommended for grant of benefit of 2nd ACP to the petitioner. The learned counsel has further submitted that in view of the letter dated 05.12.2012, Superintending Engineer, who has issued letter dated 31.12.2012 is not competent to recall/cancel grant of ACP.
5. As against the above, the learned counsel appearing for the respondents has submitted that, since petitioner did not pass the departmental examination, therefore, the grant of 2nd ACP to the petitioner has rightly been recalled/cancelled by the respondent no. 4. He has further submitted that the grant of 2nd ACP was not approved by the competent
