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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Shankar Prasad Keshari - Appellant
Versus
The State of Jharkhand - Respondent
Cont. Case (Civil) No. 247 of 2020
Decided on : 13-01-2025
(A) Writ Petition - Contempt of Court - The petitioners, government employees absorbed on 01.07.2004, are entitled to pension and other benefits as per previous service under the State of Jharkhand, including ACP/MACP, without any cut-off date for arrears. The State's failure to comply with earlier court orders constitutes contempt. (Paras 6, 9, 10, 12, 13)
(B) Compliance with Court Orders - The State is directed to release all benefits owed to the petitioners within 12 weeks, affirming the principle that clarity in court orders must be maintained and adhered to. (Paras 11, 13, 16)
Facts of the case:
The petitioners sought benefits including pension and ACP/MACP as per a previous court order dated 19.12.2019, which was not complied with by the State. The affidavit submitted by the State confirmed entitlement to benefits from the date of absorption without any cut-off date.
Findings of Court:
The court found the State's actions in delaying benefits as contemptuous and directed the immediate release of all entitled benefits.
Issues: The main issues were the entitlement of the petitioners to benefits without a cut-off date and the State's compliance with previous orders.
Ratio Decidendi: The court emphasized that benefits must be paid without arbitrary cut-off dates and that past service must be considered in determining pension entitlements.
Result: Contempt proceedings dropped; the State directed to pay benefits within 12 weeks.
JUDGMENT :
S. N. PATHAK, J.
Heard the parties.
2. Pursuant to the order dated 10.01.2025, Kripa Nand Jha, Principal Secretary, Transport Department, Government of Jharkhand was present at 10:30 in the morning along with a copy of the affidavit. The Principal Secretary, Transport Department, Government of Jharkhand very candidly submitted that employees of the Transport Department who are admittedly Government servants, are getting pay and other emoluments at par with the other Government servants in the State of Jharkhand, are also entitled for all the consequential benefits but from the date of their absorption i.e., 01.07.2004. It was further submitted by the Principal Secretary that the petitioners shall also be extended all the benefits as per their entitlements. He further submitted that they are in the process of compliance of order of the Court and in view of order and direction of this Court, the affidavit is ready and crave leave to file the same. The Principal Secretary further prayed for leave of the Court after filing of the affidavit in view of personal involvement in other matters of the Government.
3. In view of fair submission on behalf of Principal Secretary, Transport Department, leave is granted and his personal appearance is hereby dispensed with.
4. On the last date of hearing i.e. 10.01.2025, in course of hearing, Mr. Rajiv Ranjan, learned Advocate General assisted by Mr. Sachin Kumar, learned AAG representing State very fairly submitted that an affidavit shall also be filed after taking the informed decision regarding payment of benefits as per their entitlements, the same has been filed today itself.
5. Perused the affidavit filed by the State. It would be apt to quote para-21 of the affidavit filed today, which reads as under:
“21. That with regards to the payment of ACP/MACP to the absorbed employees, it is humbly stated and submitted that all the government circulars and resolutions are applicable to the absorbed employees after 01.07.2004 and they are entitled under the same.”
6. The petitioners are claiming benefits as per the order passed by this Court in W.P.(S). No.277 of 2018 and other analogous cases, particularly paragraph No. 21 thereof, which reads as under:
“21. As a sequitur of the aforesaid rules, guidelines and judicial pronouncements, I am of the considered opinion that the petitioners are entitled for pension taking into consideration the past service rendered by them. Benefits accruing to the petitioners by virtue of their earlier services be also given to them within a period of three months from the date of receipt of a copy of this order.”
7. Time and again, these cases have been listed and only on the pretext that the entire benefits in terms of order dated 19.12.2019, passed in W.P.(S). No.277 of 2018, particularly Paragraph No. 21 thereof, has not been extended, cases were taken up on several occasions and were adjourned for compliance.
8. From perusal of the show-cause/affidavit filed by the State and the submission of Principal Secretary of the Department before this Court in presence of learned Advocate General and learned Additional Advocate General, it appears that State is also ready to pay the benefits as admitted by the Principal Secretary himself. Very honestly and candidly, the State has come out with show- cause/affidavit clearly mentioning therein that all the benefits as per entitlements and in terms of order and direction of the Court, shall be extended to the petitioners but from the date of their absorption i.e.01.07.2004 of the employees of the Transport Department.
9. After hearing the learned counsel for the parties at length, this Court had passed the order which has been affirmed up to the Hon’ble Apex Court. The specific observation of this Court was never interfered by the Hon’ble Apex Court to the effect that “petitioners are entitled for pension taking into consideration the past service rendered by them. Benefits accruing to the petitioners by virtue of their ear
Government employees absorbed after 2004 are entitled to pension and benefits without cut-off dates, ensuring compliance with prior court orders.
Past services rendered by employees as Paid Managers must be recognized for pension and ACP/MACP benefits post-absorption into government service.
All absorbed employees are entitled to pension from the date of absorption, while service rendered prior to that is not counted towards qualifying service.
Financial benefits under the ACP Scheme must be given from the date the government employee becomes entitled, irrespective of any vacancy occurring in the past. Allegations of misconduct must be supp....
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
The court held that long-serving employees are entitled to confirmation of service and benefits, rejecting the State's refusal as exploitative.
No resolution of the Board which confirms and adopts the JKSPDCL Employees Pension Rules or the JKSPDCL Group Superannuation Scheme. In the absence of it, the writ court is not justified in directing....
The main legal point established in the judgment is that ex-employees, initially government servants, are entitled to pensionary and retiral benefits as government servants, in accordance with releva....
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