New Delhi: When he retired as an Assistant Engineer in 2007 after serving in the water resources department of the Bihar government for 34 years, Sarvendra Kumar Mishra would have hoped for a quiet life ahead.
But 14 years on, he is struggling, as the state government under chief minister Nitish Kumar, who is often referred to as ‘susashan babu’ (man of good governance), is yet to release his retirement benefits. Though the Patna high court had in 2017 directed the department to release his pension within two months, there has been little progress in the matter.
In the meantime, Mishra’s health has also deteriorated. In this intervening period, he suffered a paralytic stroke and also met with an accident that required a rod implant in his right thigh. Of late, the man, who is now in his mid-70s, has also developed several health complications related to kidney and other organs due to which he had to be hospitalised for nearly three months. At present, he is undergoing treatment at Sai Hospital in Patna.
‘Service record went missing’
Mishra has his family for support. Talking to The Wire, his son Ashutosh Kumar Mishra said, “We never expected such a situation to arise. My father served in the government for over 30 years and this is where he is. The family has been supporting him as he did not have the savings to last him all this while”.
Mishra’s troubles started soon after he retired on November 30, 2007. As he waited for his pension, he came to know that the Bihar government would not be releasing it. The argument furnished by the government was that his service record for the period from 1973 to 1982 was missing.
Mishra made several representations for release of his pension but the department did not fix it.
When even a paralytic stroke, which he suffered, failed to move the conscience of the department, the retired Assistant Engineer filed a civil writ petition (No 8221/2016) with the Patna high court.
HC direction
In his judgment, Justice Ahsanuddin Amanullah recorded that “during the course of arguments, learned counsel for the petitioner submitted that at least the period of his service which the respondents admit, retiral benefits should be paid accordingly” and that “learned counsel for the respondents submitted that they have no issue and whatever is payable shall be paid”.
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Disposing off the writ petition, the court ordered the Principal Secretary and the Secretary/Commissioner of the Water Resources Department of Bihar “to ensure that necessary sanction is issued in favour of the petitioner for payment of his post retiral dues for the period which the authorities accept that the petitioner was in service” within two months of date of production of a copy of the order before them.
However, with regard to the period of dispute, from July 10, 1973 to March 26, 1984, it said, “The petitioner will be at liberty to move before the appropriate forum in accordance with law, in future, if any tangible and reliable material is available to show that he was in service during the said period.”
Contempt petition
Despite the clear order from the high court, the state government has still not released even the pension for the period which was not under dispute – from 1983 till 2007.
Mishra’s son-in-law, Anand Upadhyay, who was with him at the Patna hospital, told The Wire that following the high court order, Mishra had also filed a contempt petition against the department in the high court on January 20, 2020. “But due to COVID-19 pandemic, the matter is yet to come up for hearing.”
Several proofs of service between 1973 and 1982
In response to a letter received by him from the Executive Engineer, Flood Control Division, Buxar in April 2015, Mishra had also provided several proofs of his service from 1973 to 1982.
He had presented tangible proof by way of a letter, No 7026/93 -2384 and dated July 27, 1993, that was issued by the Under Secretary, Water Resources Department, Government of Bihar to the Chief Engineer and which categorically stated that Mishra was posted in the Nawada Division since before 1979 and should be relieved for another posting by way of transfer.
Another proof which was presented was a copy of his clearance for promotion in 2004 which could not have been possible if a service record was not maintained. This letter (No. 3905) and was dated August 25, 2004.
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There was also another letter dated May 7, 1997 and written by Executive Engineer of Koshi Canal to the Executive Engineer of Nawada, reminding him that the service book of the pensioner was still not handed over, that was also submitted as proof of service.
Governance
Despite these representations, the Bihar government has not released any pension or other post retirement benefits to Mishra. The case also reflects poorly on the level of governance in the state.
Incidentally, since the high court order in 2007, Bihar has had Nitish Kumar as the chief minister for almost the entire duration barring around nine months from May 20, 2014 to February 22, 2015 when Jitan Ram Manjhi was in the chair.
Reacting to the developments in the case, Supreme Court advocate Rahul Kumar told The Wire, that “the original [of documents] is kept by the department by virtue of being the custodian while a copy is provided to the employee”.
On the government’s apathy towards Mishra, he said: “Pension and post retirement benefits are rights of a retired government employee and any delay, whether deliberate or inordinate, amounts to cruelty on part of state government.”
In view of Mishra’s health condition, he said, the government should have acted promptly in the matter. “The apathy of the government is telling. Also, it has shown utter disrespect and contempt to the high court by not implementing its order.”