IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1069 of 2009
With
I.A. No. 1032 of 2009
Yamuna Pandey ... Petitioner
Versus
Mineral Area Development Authority
and others ... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
............
For the Petitioner Mr. Manish Kumar
For the Respondents Mr. Aparesh Kumar Singh
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3/ Dated: 19th of May, 2009
1. Learned counsel for the petitioner submitted that suffice it will
be for disposal of the present writ petition, if a direction is given to
respondent no. 2 to treat this writ petition as a representation and
decide the retirement benefits, which are not paid to the petitioner, in
accordance with law and after giving an adequate opportunity of
being heard to the petitioner.
2. I have heard learned counsel for the respondents, who has
submitted that they have no much objection, if such a direction is
given to respondent no. 2 to treat this writ petition as a representation
and decide the same in accordance with law, within stipulated time.
3. Having heard learned counsels for both the sides and looking
to the facts and circumstances of the case, I hereby direct respondent
no. 2 to treat this writ petition as a representation and will decide the
retirement benefits, which are unpaid to the petitioner, in accordance
with law, rules, regulations, policy and enforceable Government
order applicable to the petitioner, after giving an adequate
opportunity of being heard to the petitioner or to the representative
of the petitioner, as early as possible and practicable, preferably
within a period of sixteen weeks from the date of receipt of a copy of
the order of this Court. If any decision is taken in favour of the
present petitioner, then legally payable amount with statutory
interest will be paid to the petitioner within further period of three
weeks thereafter.
4. I.A. No. 1032 of 2009 is also disposed of, in view of the final
disposal of the writ petition.
(D.N. Patel, J.)
Ajay/