SALARY OF DISTRICT TRANSPORT OFFICER TO BE WITHHELD IF CLERK’S RETIREMENT DUES NOT PAID: JHARKHAND HIGH COURT:

The Jharkhand High Court has directed the withholding of the salary of the District Transport Officer, Palamau, until the retirement benefits and pension of a retired clerk are fully released. The Court also granted six weeks’ time to the authorities to comply with its earlier directions, failing which the salary of the Deputy Commissioner-cum-Secretary, Regional Transport Authority, North Chotanagpur Region, Hazaribagh, would also be withheld.

Justice Ananda Sen passed the order while hearing a contempt petition filed by a retired employee who had been denied his pension and other retirement benefits for over 13 years. The petitioner had superannuated on 31st March 2011 after serving as a clerk in the office of the District Transport Officer, Palamau. Despite repeated directions from the High Court, including an order dated 23rd October 2024 passed in W.P.(S) No.1991 of 2024, the respondents failed to release the full retirement benefits. A substantial amount remained unpaid even after several adjournments were granted in the contempt proceedings. The authorities had filed an interlocutory application seeking further time for compliance.

The Court observed that the respondents, being the custodians of the service records, could not deny the legitimate retirement benefits to a retired employee for such a long period merely on the pretext that the service book was not available. It emphasised that the fruits of long service cannot be withheld from a person who has served the department for decades. The High Court had earlier directed the respondents to release all retirement benefits, including pension, without further delay. However, even after the earlier order, full compliance was not made, and only partial payment had been effected. The petitioner continued to face hardship despite being a senior citizen and having no other source of income.

The Bench took serious note of the continued non-compliance despite the Court having granted sufficient opportunities and time to the respondents. It held that the respondents had admittedly not complied with the entire directions even after seeking additional time through an interlocutory application. Considering the prolonged delay and the suffering of the retired employee, the Court granted six weeks’ further time to the authorities to fully comply with the order dated 23rd October 2024 passed in W.P.(S) No.1991 of 2024.

The Court directed that, in the meantime, the salary of the District Transport Officer, Palamau, shall be withheld. It made it clear that if the order is not fully complied with before the next date of hearing, the salary of the Deputy Commissioner-cum-Secretary, Regional Transport Authority, North Chotanagpur Region, Hazaribagh, would also be withheld. The Bench further directed that a copy of the order be immediately communicated to the Accountant General, Government of Jharkhand, the Treasury, Government of Jharkhand, the Chief Secretary, Government of Jharkhand, and all concerned respondents for immediate compliance and necessary action.

The Court’s strong directive reflects its firm stance against bureaucratic delays and indifference in releasing retirement dues of government employees. It underscored that pension and retirement benefits are not a bounty but a rightful entitlement earned after years of service. Denying or delaying such benefits causes immense hardship to retired employees and their families, especially senior citizens who depend entirely on these payments for their livelihood. By ordering the withholding of salary of the responsible officers, the High Court has sent a clear message that officials cannot escape accountability for prolonged non-compliance with judicial orders.

The matter has been listed for further hearing after six weeks to monitor compliance. The order is expected to bring much-needed relief to the petitioner who has been waiting for his legitimate dues for more than 13 years since his retirement in 2011.