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2020 Supreme(Jhk) 68

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. Pathak, J.
Guhi Ram Bauri - Petitioner
Versus
The State of Jharkhand & Ors. - Respondents
W.P.(S).No. 4242 of 2019
Decided On : 14-05-2020

Advocates Appeared:
For the Petitioner:Mr. Sudarshan Shrivastava, Advocate, Mr. Sunil Singh, Advocate
For the Respondents:Mr. Nipun Bakshi, SC (Mines)-III, Mr. Vijay Kant Dubey, Advocate

Headnote:

Labour and Industrial Law - Retiral Dues - After death of a person no dispute can be raised regarding genuineness of certificate issued in his favour and that also after lapse of 38 years of issuance of said certificate - Petitioner cannot be held guilty for pending departmental proceeding - It is respondents who were responsible for not concluding departmental proceeding - Respondents directed to pay all retiral benefits to petitioner as per his entitlement. (Paras 7, 8, 9, 11, 12 and 14)

JUDGMENT :

Heard the parties.

2. Petitioner has approached this Court with a prayer for quashing the order dated 15.07.2019 (Annexure-14), whereby the representation of the petitioner for consideration of his case in view of earlier order passed by this Court, has been rejected without proper consideration of the facts. Petitioner has further prayed for a direction upon the respondents to pay the retiral dues i.e. gratuity, GPF, unutilized Earned Leave, etc.

3. The case of the petitioner lies in a narrow compass. The petitioner is the son-in-law and dependent of Shashi Bauri, whose land has been acquired by the State Govt. for setting-up of Bokaro Steel Ltd. After acquiring the land of Shashi Bauri, the Director, Project Land Rehabilitation, Marafari (Bokaro), after proper verification and enquiry, issued displaced certificate bearing DPLR Cert. Sl. No. 2786 dated 24.05.1973 in favour of Shashi Bauri. In the said certificate, the petitioner was shown as dependent of Shashi Bauri. On the basis of said certificate and on the basis of affidavit given by Shashi Bauri, the petitioner was given employment by Bokaro Steel Ltd. (for short “BSL”) on 07.07.1980 to the post of Khalasi. Thereafter, he was promoted as Technical Operator in Water Management Department of BSL. The petitioner had rendered more than 38 years of satisfactory services and thereafter, on attaining the age of superannuation, retired on 30.06.2019 from the post of Sr. Tech./ OPTV.

It is the case of the petitioner that during his service period, on 05.09.2007, respondent No. 2 issued letter to the petitioner mentioning therein that a complaint has been received against the petitioner with regard to his appointment and therefore, he was asked to submit all the documents in relation to petitioner being a displaced person. Pursuant to the said letter, petitioner filed an application before the respondent No. 2 along with photocopy of displaced certificate granted to her mother-in-law, Shashi Bauri, wherein the present petitioner was shown as her dependent. Thereafter, vide memo No. 3737 dated 21.02.2008, the petitioner was served with charge-sheet alleging therein that he had submitted false and fabricated displaced certificate for getting the employment in BSL. The petitioner submitted his reply wherein he had denied all the allegations levelled against him. Thereafter, petitioner came to know that displaced certificate issued to her mother-in-law Shashi Bauri has been cancelled that too without any show-cause notice or hearing. The petitioner represented before the respondent No. 2 vide his letter dated 02.06.2009, stating therein that Shashi Bauri while accepting/ adopting the present petitioner as son-in-law, had submitted an affidavit dated 17.11.1979 before the respondent No. 2 and on the basis of said affidavit and on the basis of displaced certificate, the petitioner was appointed by the respondent-BSL and as such, there is no misrepresentation on the part of the petitioner.

4. However, left with no option, the petitioner preferred W.P.(S). No. 3122 of 2009, with a prayer for quashing the letter dated 27.11.2008, issued by respondent No. 2, whereby the displaced certificate granted to the mother-in-law of petitioner has been cancelled, without providing opportunity of hearing. This Hon’ble Court, after hearing the parties, allowed that writ petition vide its order dated 10.04.2019 and quashed the impugned letter dated 27.11.2008 and further, remanded the matter back to the respondents for taking a fresh decision. Thereafter, the petitioner made a detailed representation dated 16.05.2019 before the respondent No. 2 for reconsideration of his case. Petitioner has also made representation dated 17.05.2019 before the Deputy General Manager, Water Management Department (works), SAIL, Bokaro for exonerating the petitioner from the pending departmental proceeding and for grant of promotion and consequential benefits as per his entitlement. Thereafter, vide letter dated 07.

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