Pursuant to the order dated 17.12.2009 Devendra Singh, present Chief Engineer, Azamgarh Region of the PWD is present. He has been posted at the present place sine July, 2009. An application seeking exemption from personal appearance on future dates alongwith an affidavit has been filed by Sri K.R. Singh, learned Standing Counsel on behalf of Devendra Singh. Alongwith the affidavit are annexed two letters one is dated 21.10.2009 addressed to the Joint Director, Pension Directorate, Varanasi requesting him to pass appropriate orders regarding pension of the applicant.
The other letter is dated 25.1.2010 which is addressed to the Finance Controller, Office of Engineer in Chief, PWD Lucknow, for payment of 90% of the GPF of the applicant. Sri K.R. Singh, learned Standing upon instructions has prayed for two month's time to ensure payment of all the dues due to the applicant.
From the record and the order dated 17.12.2009 following facts emerge-
(i) The applicant attained superannuation on 19.11.2000. The pending disciplinary proceedings culminated on 21.11.2001 directing for recovery of Rs.88,036/- from the applicant, further withholding four increments and awarding censure entry. The applicant did not challenge the punishment order and agreed for adjustment of the said amount from his post retiral dues. Despite the same when the post retiral dues were not being paid nor the pension was being paid, the applicant filed Writ Petition No.57024 of 2006.
(ii) The writ petition was disposed of vide order dated 10.10.2006 with the direction to the Chief Engineer, Azamgarh Region of the PWD to ensure that the amount sought to be recovered from the applicant pursuant to the punishment order is deducted from the post retiral dues and balance is paid to the applicant within three months.
(iii) When the direction was not complied with this contempt application was filed in May 2007 and notices were issued on 18.5.2007. The then Chief Engineer, Azamgarh Region of the PWD filed an affidavit on 25.7.2007 stating that certain amount had been paid but for entire payment two months further time may be granted.
(iv) The case could not be taken up thereafter and was taken up on 17.12.2009. This Court after recording relevant facts had fixed today's date. In view of the fact that more than two years had expired from the date of filing of the affidavit on 25.7.2007 and yet no payment had been made directed for personal appearance of the officer who is presently posted as Chief Engineer, Azamgarh Region of the PWD.
Today the status is that no further payment has been made and two month's further time is sought. As already noted above, the applicant had retired in November, 2000, nine years have since passed. The Writ Petition was disposed of in 2006, three years have passed since then also. But even today the applicant is harassed without any post retiral dues and pension and the directions of this Court still remain to be complied with. Even without the directions of this Court, the applicant was entitled to all the post retiral dues and the pension at the earliest soon after his retirement or in any case after punishment order was passed in November, 2001.
Prima facie it is apparent that this is a case of wilful disobedience and non compliance of the directions of this Court. However, considering the request made by Sri K.R. Singh, learned Standing Counsel and in particular the fact that Devendra Singh, the present Chief Engineer has been posted in Azamgarh in July, 2009, as a last opportunity only two weeks' further and no more is allowed for ensuring full payment of post retiral dues to the applicant.
It is also well settled that a Government employee who is not paid the post retiral dues within a reasonable time from his retirement will be entitled to interest. The present Chief Engineer or whoever is the authority competent shall take a decision on this aspect also and as per the Government Order and ensure payment of interest also within the aforesaid time. The applicant would also be entitled to costs for the delay in payment and the harassment caused which the Court quantifies at Rs.50,000/- to be paid to the applicant which shall also paid by the next date by the State and it will be open to the Principal Secretary of the Department to recover both the amounts of interest and the costs from the officers who were responsible for the same and submit a report to that effect before this Court within a period of two months.
There is yet another aspect of the matter in this case that an affidavit was filed by the then Chief Engineer Palak Dhari Mishra, the opposite party arrayed in this Contempt application on 25.7.2007 praying for two months' time to ensure full payment of retiral dues to the applicant. The Court intended to take appropriate action against him and other officers posted in between. It has been informed that the said officer has since passed away.
Sri K.R. Singh will obtain detailed instructions with regard to all the officers posted as Chief Engineer from 2007 after Palak Dhari Mishra till the joining of Devendra Singh, the present Chief Engineer, and place the same on record by means of an affidavit of present Chief Engineer by the next date so that the Court may consider taking appropriate action against the said officers also.
List this case on 16.2.2010. On the said date Devendra Singh, present Chief Engineer, Azamgarh Region, PWD shall remain present alongwith affidavits as required.
A copy of this order may be given to Sri K.R. Singh, learned Standing Counsel free of costs for necessary compliance by Monday next.
Order Date :- 29.1.2010 RPS