IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 7679 of 2006
Desh Bandhani Oraon ... Petitioner
Versus
The State of Jharkhand & others ... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the Petitioner Mr. Sunil Kumar
For the Respondents J.C. to G.P-II
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7/ Dated: 20th of April, 2009
1. Learned counsel for the petitioner submitted that despite
order passed by this Court dated 21st August, 2006 in W.P. (S) No.
1309 of 2004 and despite the fact that more than one increment has
been given in pay scale to the husband of the present petitioner and
the same has been ignored and lesser amount of pension has been
fixed and, therefore, a suitable direction may be given to the
concerned respondent authorities so that increment or increasing
pay scale of the husband of the petitioner can be revised.
2. Having heard the learned counsel for the respondents and
looking to the facts and circumstances of the case, I hereby direct
the respondent authorities to hear and decide the exact amount of
pension upon considering the increments and increase in pay scale,
which was given to the husband of the present petitioner and also
keeping in mind the order passed by this Court dated 21st August,
2006 in W.P. (S) No. 1309 of 2004 (Annexure-1 to the memo of the
present petition). Petitioner will be at liberty to go for hearing
personally or to be represented by the proper authority or to make
proper representation, over and above, respondent authorities shall
consider this writ petition as a representation. Petitioner is also
directed to prefer additional representation with proper evidences,
if she so chooses, within a period of three weeks from today and
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concerned respondent authorities shall decide the same keeping in
mind the aforesaid aspect of the matter regarding revision in the
pension, in accordance with law, rules, regulations and policy, so
far applicable to the petitioner within a period of four months upon
receipt of such representation, if filed, otherwise within a period of
four months from the date of receipt of order of this Court.
3. All care shall be taken by the respondent authorities, if
increments and increase in salary have been decided in favour of
the husband of the petitioner, to that extent, all the consequential
benefits will be extended to the widow of the employee i.e. the
present petitioner.
4. The petition is, accordingly, disposed of, in view of the
aforesaid directions.
(D.N. Patel, J.)
Ajay/