Jharkhand High Court Orders To Withhold Salary Of District Transport Officer If Retirement Benefits Of Clerk Are Not Released
The Jharkhand High Court has granted six weeks’ time for compliance with its earlier order.
Justice Ananda Sen, Jharkhand High Court
While considering a matter where a retired employee was denied the benefit of pension and other retirement benefits for 13 long years, and a substantial amount of benefits remained unpaid even after an earlier direction to release the same, the Jharkhand High Court has ordered the withholding of the salary of the Palamau District Transport Officer.
The High Court has also granted six weeks’ time for compliance with its earlier order which would come as a relief to the petitioner who was working as a clerk.
The Single Bench of Justice Ananda Sen held, “In the meantime, the salary of the District Transport Officer, Palamau is withheld.”
“It is made clear that if the order is not complied with before the next date, the salary of the Deputy Commissioner-cum- the Secretary, Regional Transport Authority, North Chotanagpur Region, Hazaribagh will also be withheld”, it added.
Advocate Devesh Ajmani represented the Petitioner, while Advocate Ranjit Kumar represented the Respondent.
Factual Background
The Petitioner, working as a clerk in the office of the District Transport Officer, Palamau, superannuated from the service on March 31, 2011. The retirement benefits-cum-pension were not extended to him on the ground that his service book was not available. The High Court held that the respondents are the custodians of the service book, and the fruits of retirement benefits cannot be denied to a retired person for 13 long years on the pretext of non-availability of the service book. The High Court had also directed the respondents to pay all retirement benefits, including pension.
Thereafter, a contempt was filed in 2025, and several adjournments were granted. However, the entire order and direction of the High Court was not complied with, and a substantial amount remained to be paid to the petitioner. An interlocutory application was filed seeking four weeks’ time for compliance with the said order.
Reasoning
The Bench took note of the fact that the Petitioner is a retired employee and, in spite of the granting of time by the Court pursuant to the said interlocutory application, the respondents had admittedly not complied with the entire order, and still some more time was sought for.
The Bench thus ordered, “Six weeks’ time is granted to the respondents to comply the order dated 23.10.2024 passed in W.P.(S) No.1991 of 2024.”
The Bench also ordered the withholding of the salary of the District Transport Officer, Palamau.
“Let a copy of this order be communicated to the Accountant General, Government of Jharkhand, Treasury, Government of Jharkhand, the Chief Secretary, Government of Jharkhand and the concerned respondents immediately”, it directed.
Cause Title: Sant Lal Singh v. The State of Jharkhand & Others (Case No.: Cont. Case (Civil) No. 403 of 2025)