RAJ KUMAR
Ranchi, Sept.23: The Jharkhand High Court today directed the State government to stop payment of salary to state’s Transport Secretary K.K.Soan for the latter’s failure to pay retiral benefit to 17 fourth grade employees of his department despite the high court’s order issued three years ago.
A single bench of Justice S.N.Pathak passed the order while hearing a contempt petition filed by the affected retired employees, including Shankar Prasad Keshri. Rajendra Krishna, who is also chairman of Jharkhand Bar Council, represented the petitioners.
Krishna confirmed the order saying the court took strong exception to the way Soan during hearing of the case admitted that the process of payment has started and it will be paid within two months and then backed out taking one pretext after another.
The High Court, according to an advocate present during the hearing of the case, ordered that until the retiral benefits of the employees are paid Soan’s salary will remain withheld. During the hearing, Transport Secretary K.K Soan was also present, the advocate said.
On September 16, the court while hearing the matter had observed that the transport department, which Soan heads, is not honouring its word given before the court.
“Mr. K.K. Soan candidly submits that already process for extending the pensionary benefits has been initiated and within a period of one month, the case of left over individuals/ petitioners shall be taken by concerned department and most likely within two months the entire pensionary benefits shall be extended in view of the order passed by this Court. On the undertaking and candid submissions of the Secretary of the Department, the personal appearance of the Secretary was dispensed with. Today, when these cases are called out, it has been submitted by Mr. Sachin Kumar, learned Addl. Advocate General, representing the State, that since they are not aware of the complete residential address or present place of posting of the petitioners, they are unable to extend the benefits,” the court had observed on previous date.
“This contention of learned Addl. Advocate General is not acceptable to this Court and the same is turned down. This is a case in which the poor fourth grade employees of the Transport Department have approached this Court for getting their rightful claims i.e. the retiral benefits. It has been held in catena of decisions of the Hon’ble Apex Court as well as by this Court that retiral benefits are not a charity or bounty nor is it a conditional payment solely dependent on the sweet will of the employer. It is earned for rendering a long and satisfactory service. Though all these matters have been adjourned on several occasions, once again, on the request of learned Addl. Advocate General, representing the State, all these matters are being adjourned for next Friday. However, the Secretary, Transport Department, Government of Jharkhand, Ranchi is once again directed to remain physically present in the Court on the next date of hearing. The Secretary of the Department is expected to frame out a scheme, as to how the retiral benefits will reach to the poor employees at their residences / present place of posting,” the court had further observed.
Today when the court observed that the matter was still there where it was on the previous day, it passed the harsh order, the advocate said sharing the past development taken in the matter.
