HC summons CS to explain lapses
Source: Hueiyen News Service

Imphal, May 06 2015 : The High Court of Manipur has summoned the Chief Secretary (CS) and ordered him to explain why a petitioner has been harassed in connection with a case related to pension.

The order by the High Court is related to a case between Brajamani Mukherjee versus State of Manipur.

The High Court order said that the petitioner entered service in 1956 in the Department of Works as Section Officer and in the year 1956 and by an order in 1976, he was given additional duty as Chief Engineer, PWD.

The petitioner's position was confirmed as Chief Engineer, PWD with effect from September 1980.In 1992, the petitioner submitted a representation to the then Chief Secretary informing that he was given only provisional pay and since he was about to retire, the then Chief Secretary was requested to look into the matter so that proper pay as permanent Chief Engineer could be given before his retirement.

After having attained the age of superannuation, the petitioner retired in 1992 and the Government issued an order in 1995 sanctioning a provisional pension of Rs 2,485 .

The High Court observed that "it appears that the State Government has not done anything for more than 20 years for finalization of the pension" .

Thereafter, the a writ petition was filed by petitioner and despite notices served, the respondents except respondent No 5 have chosen not to file any counter affidavit.

In the counter affidavit, it was sated that correct fixation of pay/pension was to be done by office of the Accountant General and that the claim of the petitioner may be clarified by the office of the Accountant General (AC) as well as the Department of Personnel.

In the absence of proper assistance from the AG office and Department of Personnel, it was not possible for the court to arrive at a particular conclusion.

The Court said that it had no option but to allow the writ petition with heavy cost being imposed on the officers who are responsible for causing mental harassment to the petitioner.

However, the courts observed that the Chief Secretary being that head of the administration should be summoned to explain the lapses on the part of the Departments.

Thereafter, he has been asked to be present in person in the Court on May 19, 2015 at 10.30 am.

M Devananda was the counsel appearing for the petitioner.

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