@JUDGMENTTAG-ORDER
M.Y. Eqbal, J.@mdashIn order to show highhandedness of the officers to State of Jharkhand, it is again worth to refer order dated 4.12.2002, which reads as under :
"Petitioner''s husband after serving as Assistant Civil Surgeon, Gomo retired in 1987 and thereafter died in 1989. So long he was alive, he could not enjoy the fruits of the retiral benefits. After his death, the petitioner who is poor lady moved from pillar to post by filing several representations but the retiral dues including G.P.F., Gratuity, Leave Encashment and other benefits were not paid, Ultimately she knocked the door of this Court by filing CWJC No. 1791/97-R. The writ petition was disposed of on 29.7.1998 by passing the following order :
"The widow has filed this writ application for a direction to the respondent authority to pay the post retirement benefits legally payable to the husband of the petitioner, who retired from service on 31.12.1987 as Assistant Civil Surgeon, Gomo. In this case, neither any one appears on behalf of the State respondents nor any counter affidavit has been filed. Accordingly this writ application is being disposed of on the basis of the averments made therein. As stated above, the husband of the petitioner, retired as far back as in the year 1987 and the widow has been dragged to this Court for the payment of retirement benefits legally payable to her husband. Accordingly, I direct the respondent, the Director, Health Service, Bihar, Patna to issue sanction order with respect to the retirement benefits legally payable to the petitioner within two weeks from the date of receipt/production of a copy of this order and forward the same to the Accountant General, who will issue the authority slip within two weeks there from. Simultaneously the State respondent will serve the statement of account showing the amount sanctioned on different heads to the petitioner and if the petitioner has still any grievance, he will file a representation before the respondent authority, who will hear the representation of the petitioner and if the claim of the petitioner is found to be genuine a further sanction order shall be issued forthwith and forward the same to the Accountant General, who will issue the authority slip within two seeks from the date of receipt of such sanction order. Since the husband of the petitioner retired in the year 1987 and the widow has been dragged to this Court, for the relief sought for in this writ application, he is entitled for interest at the rate of 18% per annum from the date of retirement till the respective payment along with a cost which I assessed at Rs. 5,000/-. Both the interest and the cost shall be paid to the petitioner within the time aforesaid. This disposes of this writ application."
Even after specific direction in the judgment the opposite parties did not bother to even process the matter regarding payment of retiral benefits. Petitioner was then compelled to file this contempt petition. In the contempt proceeding even after issuance of notice only a show cause was filed by the Civil Surgeon, but it is stated that the matter related to payment of retiral benefits is dealt with by the Government. This Court thereafter on 15.6.2002 passed the following order :
"Counsel for the State is given four weeks time for filing Compliance report, failing which this Court shall be compelled to call all the functionaries of the Health Department of the Government of Bihar and the Jharkhand for passing appropriate order. It is really unfortunate that the husband of the petitioner retired in 1989 and subsequently died and his wife (widow) is perusing her claim for payment of retiral dues.
Put up this case after four weeks."
On that day, Mr. A. Allam, assured this Court that petitioner shall be paid her retiral dues. Instead of making payment of the retiral dues, the opposite parties by filing supplementary affidavit stated that because of some amount of loan taken by the petitioner and his son i.e. Rs. 25,000/- and Rs. 65,000/-, petitioner was asked to deposit the amount and thereafter only retiral dues shall be released. Petitioner immediately deposited the amount but till date nothing has been paid. From perusal of the show cause it appears that it was only in 2002 some correspondences were made by the opposite parties for the compliance of the direction of this Court. It is therefore, clear that the opposite parties have not only committed contempt of this Court but also deprived the deceased employee as also the petitioner of their retiral dues for the last 17 years. This Court therefore, shall pass appropriate order for payment of further interest and compensatory cost. However, before doing so, I direct the Health Secretary, Government of Jharkhand, Civil Surgeon, Dhanbad, Regional Deputy Director of Health Services, Dhanbad to appear in person before this Court on 11th December, 2002.
It is made clear that if the P.F. amount, Gratuity and Leave Encashment are not paid before 11.12.2002, a compensation of Rs. 1 lakh shall be allowed to the petitioner and the Government shall be at liberty to fix the responsibility for recovery of the amount from the erring officer.
Let this case be listed on 11th December, 2002 within first five cases. Let a copy of this order be served to the counsel who has been privately engaged by the Health Secretary and Civil Surgeon, Dhanbad. A copy of this order may also be sent to the Chief Secretary, Government of Jharkhand for information and for taking proper action, so that on the next date some harsh order may not be passed against the Government of Jharkhand also."
2. Mr. J.B. Tubid, who has additional charge of the Secretary, Health Department in his show cause stated that when he came to know about the order dated 4.12.2002, a letter was sent to the Civil Surgeon for release of the retiral dues and on receipt of the letter from the Health Department, the Civil Surgeon released the following amount on 9.12.2002 :
(1) Gratuity amount Rs. 1,09,340/-
(2) Leave encashment Rs. 42,123/-
(3) Cost Rs. 5,000/-
3. The Civil Surgeon, Dhanbad in his show cause stated that the order dated 29.7.1998 has been complied with but some delay has been caused and for that he once begs unconditional apology.
4. Civil Surgeon, who is present in Court submitted that after receiving direction of the Health Secretary, he released the amount. The Civil Surgeon therefore admits that it is only after he received the order of the Secretary, Health Department, he released the amount. The conduct of Civil Surgeon shows that he has no respect or regard of the order and direction issued by this Court for the release of the amount. Such officers who ignore the order of this Court and acts only on the order of his higher officer are not supposed to Continue in service. It is only because of disobedience of the order of this Court by the Civil Surgeon, a poor lady could not get retiral dues, although her husband retired in 1987 and thereafter, died in 1989.
5. I, therefore, award a cost of Rs. 50,000/- (rupees fifty thousand), which shall be paid from the salary of the Civil Surgeon, Dhanbad. The State of Jharkhand is directed to pay the amount within two weeks and recover the same from the salary of the Civil Surgeon, Dhanbad. The instant contempt proceeding hence disposed of.
6. If the petitioner has any further claim as against provident fund amount and other amount, she shall be at liberty to make representation before the Secretary, Health Department, and Government of Jharkhand who shall consider the representation and pass appropriate order for the release of the balance retiral dues including the provident fund amount.
