IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P.(S) No. 2276 of 2008
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Dr. Haliwant Singh ... Petitioner
-V e r s u s-
State of Jharkhand & Others ... Respondents
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
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For the Petitioner : - Mr. R.S.Mazumdar, Advocate.
For the Respondents : - J.C. to Sr. S.C.-I.
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4/ 19.05.2009
From the statements contained in the counter affidavit of the
respondent State, it appears that in response to the petitioner’s
claim for the retiral benefits, the Health Department of the State
Government has issued its notification for final withdrawal of the
amounts of contribution lying in the G.P.F. account of the
petitioner and instruction has already been issued to the District
Provident Fund Officer, Dumka accordingly for release of the
payment. It also appears that the recommendation for payment of
90% of the gratuity has also been forwarded to the Accountant
General with a request for releasing the admissible dues and it is
also explained that the recommendation for cent percent pension
could not be made on account of lack of certain papers. It also
appears that though the certificate in respect of the residual earned
leave was not made available from the office of Accountant
General yet, a reminder was issued to the office of the Accountant
General with a request to give authority slip to the petitioner for
encashment of the earned leave which may be found as residual
leave due in his account.
2. In the light of the above facts and circumstances, it appears
that the respondents have not denied or disputed the petitioner’s
claim for his retiral benefits and on the contrary, the respondents
have already issued necessary instructions for releasing the
payments to the petitioner.
3. Considering the above, the respondents shall ensure that the
entire amounts which are payable by way of retiral dues to the
petitioner, including the petitioner’s claim for Group Insurance
and pension, fixed on the basis of the last pay which would have
been legally payable to him after considering the petitioner’s claim
for granting him A.C.P. and corresponding monetary benefits
thereto are paid to the petitioner within three months from the
date of receipt/production of a copy of this order.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the counsel for the
respondent State.
(D.G.R. Patnaik, J.)
Birendra/