Dr.Suryanarayan Tripathy v. Commissioner Cum Secy, Fard Dept.
THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7414 of 2022 Dr. Suryanarayan Tripathy ....
Petitioner Mr. Gautam Siddiqui and Mr. P.R. Patro, Advocates -versusCommissioner-cum-Secretary, Fisheries & Animal Resources Development Department (FARD), Odisha and others ....
Opposite Parties Mr. Y.S.P. Babu, AGA for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
23.03.2022 01.
1.
This matter is taken up through Hybrid Arrangement Order No.
(Virtual/Physical Mode).
2.
Heard learned counsel for both the parties.
3.
This writ petition has been filed praying for a direction to the Opposite Parties to disburse the Death-cum-Retirement Gratuity (DCRG) amount of Rs.5,40,440/- with compounding interest @ 18% within a stipulated period of time, which has remained unpaid for about 8 years after retirement of the Petitioner. It is submitted by learned counsel for the Petitioner that the Petitioner is retired from service on attaining the age of superannuation, w.e.f. 31.08.2013. However he has not been paid the DCRG amount till date. 4.
Learned counsel for the Petitioner further draws attention of this Court to Annexure-2 i.e. the letter of the Assistant Accounts
// 2 // Officer, O/o.The Principal Accountant General (A&E), Odisha, Bhubaneswar to the Treasury Officer, Rayagada, stating therein that the provisional pension of the Petitioner has been sanctioned. But DCRG amount of the Petitioner has not been paid. Further it is revealed from the letter dated 21.04.2011 issued by the Joint Secretary to Govt., Finance Department to the Principal Accountant General (A&E), Odisha, Bhubaneswar, wherein the Joint Secretary has drawn the attention of the Controller of Accounts regarding nonpayment of the dues and a clear instruction has been given for payment of DCRG amount to the employees. Accordingly, learned counsel for the Petitioner urges before this Court to direct the Authority for necessary follow up action in this regard. 5.
Learned counsel for the State on the other hand submits that the payment of DCRG of the Petitioner is pending before the Authority for consideration and the same is getting late due to procedural requirements. He further submits that the Authority may be directed to expedite the same.
6.
Considering the limited nature of grievance, this Court disposes of the writ petition with a direction to the Principal Accountant General (A&E), Odisha, Bhubaneswar (Opposite Party No.4) to consider the representations of the Petitioner dtd.09.06.2021 & 10.02.2022 stated to be pending within a period of two months from the date of production of certified copy of this order. Opposite Party No.4 is further directed to make necessary arrangement to sanction and disburse the DCRG amount as due and admissible along with interest as per law for the delayed period to the Petitioner within a period of one month thereafter. The entire exercise shall be completed within a period of three months.
// 3 // 7.
With the aforesaid observation, the writ petition stands disposed of.
8.
Issue urgent certified copy as per rules.
(A.K. Mohapatra) Judge U.K.Sahoo