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2018 Supreme(Jhk) 2105
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, J.
Sumeshwar Sharma - Appellant
Versus
State Of Jharkhand & Ors. - Respondent
W.P. (S) No. 3669 of 2017
Decided On : 02-04-2018
V.S. Prasad, Adv., Ajit Kumar, Adv., Mukesh Kumar Sinha, Adv., Amit Sinha, Adv., Deepak Kumar Dubey, Adv., Gyan Ranjan Nath Sahdeo, Adv.
The court's decision was influenced by the respondents' decision to scrutinize the qualifications for promotion before paying full pension and post-retiral benefits.
Headnote:
Pension - Provisional Pension - Scrutiny of Qualifications for Promotion
Fact of the Case:
The petitioner retired and was granted provisional pension, but full pension and post-retiral benefits were not paid due to a committee's scrutiny of qualifications for promotion.
Finding of the Court:
The court disposed of the writ petition, directing the Managing Director to ensure that a committee takes a decision on the petitioner's claim and other similarly situated employees within the next three months.
Issues: Dispute over non-payment of full pension and post-retiral benefits upon retirement.
Ratio Decidendi: The court cannot adjudicate the legality of the impugned order due to the decision taken by the respondents regarding the scrutiny of qualifications for promotion.
Final Decision: The writ petition stands disposed of with a direction to the Managing Director to ensure a decision on the petitioner's claim within the next three months.
JUDGMENT
Shree Chandrashekhar, J. – The petitioner is aggrieved of order contained in letter dated 27.05.2014.
2. The petitioner has superannuated from service on 28.02.2014. He has been granted provisional pension at the rate Rs.12,950/- per month vide order dated 27.05.2014. His grievance is that on his retirement full pension and other post-retiral benefits have not been paid to him. In the counter-affidavit, the respondents have pleaded that during audit objection when promotions granted to several persons except 56 by the committee was found not correct, a committee was constituted to look into the matter and that is the reason final pension to the petitioner and other similarly situated employees has not been paid. It is pleaded that on 22.01.2018 a committee consisting of Engineer-inchief (Generation), Advisor (Human Resources), Financial Controller-I and Joint Secretary-II, Jharkhand Urja Sancharan Nigam Limited has been constituted, which in the light of decision dated 21.11.2017 shall take a final decision on payment of pension/family pension, on case to case basis.
3. In view of the decision taken by the respondents on 21.11.2017 under which case of the employees like the petitioner who did not fulfill requisite qualification for promotion shall be scrutinised, this Court at this stage cannot adjudicate legality of the impugned order dated 27.05.2014 and the writ petition stands disposed of with direction to the Managing Director, Jharkhand Urja Vikash Nigam Limited to ensure that the committee constituted vide order dated 22.01.2018 takes a decision on the claim of the petitioner and other similarly situated employees within next three months.
