RANCHI, India, Sept. 5 -- Jharkhand High Court issued the following order on Aug. 5:

1. Heard learned counsels for the parties.

2. The instant writ application has been preferred for the following reliefs:

(i) To direct the respondents to compute and pay his retiral benefits i.e. pension, gratuity, commutated value of pension including the amount of superannuation T.A. equivalent to one month salary taking into consideration of his last pay drawn i.e. 19,570/- in the pay scale of Rs. 9300-34800 grade pay 4200 as was given to similarly situated counterpart namely Sri Yaduvansh Narayan Sinha setting aside the order contained in Memo No. 159 dated 11.05.2016 passed by the Superintending Engineer, Design Circle, Deoghar whereby and where-under the pay of the petitioner has been reduced from Rs. 15,370/- to 14,660/- and grade pay from Rs. 4200 to 2800.

(ii) To pass an appropriate order directing the respondent No.6 to release the amount of pension in terms of authority slips issued from the office of the Accountant General without any delay to mitigate the petitioner and his family from hardships.

(iii) To direct the respondents to pay the petitioner interest over the admitted dues from the date of Claim till the date of actual payment made and cost for unnecessary harassment.

(iv) To pass an appropriate order during pendency of the writ petition restraining the respondents from taking any coercive action against the petitioner.

3. During course of proceedings, this Court had passed the following order on 07.05.2024 which reads as under:

"Heard the parties.

2. It is specific case of the petitioners that original petitioner superannuated on 31.08.2014 working as a Correspondence Clerk and subsequently on 14.05.2019 he died. Earlier the writ petition was preferred by the deceased father claiming the retiral benefits challenging the reduction order. It is further case of the original petitioner that though he has received the entire benefits after superannuation but the same was paid at reduced rate i.e. basic pay of 14660 + Grade Pay 2800 in place of basic pay 15,370 + Grade Pay 4200. Learned counsel for the petitioners submits that admittedly entire benefits have been received by the original petitioner as well as remaining benefits by the legal heirs i.e. daughters but the same has been paid at a reduced rate. The sole contention of the learned counsel for the petitioners is that when the basic pay was fixed as 19,570/- with grade pay of Rs.4200/- which was also given to the similarly situated persons, there was no occasion to reduce the same on the ground of MACP. The original petitioner was very much entitled for benefits of MACP as he was rightly exempted from appearing in the departmental examination upon crossing the age of 50 years.

3. Let the respondents file a specific affidavit as to why the original petitioner was not entitled for basic pay of 15,370/- with grade pay of Rs.4200/- and even superannuation T.A. has not been extended till date. The MACP was withdrawn on 10.03.2016 whereas the original petitioner superannuated on 31.08.2014. It has also been submitted that an amount of Rs.29,900/- has been recovered.

4. Let respondents file specific affidavit as to whether they were justified in recovery of the amount after superannuation of the original petitioner from the retiral benefits in view of the celebrated judgment of Hon'ble Apex Court in the case of State of Punjab & Ors. Vs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334. 5. Put up this case on 26.06.2024."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1Pz4QeJj2q9VY5JKDStG6%2FUQ5OZ38Wi8c8rw%2FHA5KpjV&caseno=WPC/1944/2015&cCode=1&cino=JHHC010212742015&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.