IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4862 of 2008
Shiv Kumar Singh ...... Petitioner
Versus
1. Mineral Area Development Authority
through its Managing Director, Dhanbad
2. The Secretary, Mineral Area Development
Authority, Dhanbad. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the Petitioner: M/s Niranjan, Om P. Singh
For the Respts. : Mr. Bhawesh Kumar
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03/ Dated: 20th of August, 2009
1. Learned counsel for the petitioner submitted that the
petitioner retired from the services of the respondents. Petitioner
has worked honestly, diligently, sincerely and to the satisfaction of
the respondents. After his retirement, he is entitled for all the
retirement benefits and no civil or criminal proceedings are
initiated against the petitioner, but, these retirement benefits have
not yet been paid by the respondents and therefore, a direction
may be given to the competent authority of the respondents to
treat this writ petition as representation and to decide the same
within stipulated time, in accordance with law, after giving an
adequate opportunity of being heard to the petitioner or to his
representative.
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 the competent authority of the respondents, to
treat this writ petition as representation and to decide the legally
payable dues to the petitioner, in accordance with law, within the
stipulated time given by this Court.
3. In view of aforesaid submissions, I hereby direct the
concerned competent respondent authorities to treat this writ
petition as representation and to decide the same, in accordance
with law, rules, regulations, policies and enforceable Government
orders, applicable to the petitioner, as expeditiously as possible
and practicable, preferably within a period of sixteen weeks from
the date of receipt of copy of an order of this Court, after giving an
opportunity of being heard to the petitioner or to his
representative. If decision is taken in favour of the petitioner, the
legally payable dues shall be paid to the petitioner within further
period of two weeks, thereafter. The legally payable amount shall
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be paid to the petitioner with statutory interest and where there is
no statutory provision, the legally payable amount shall be paid
with interest at the simple rate of 5 % per annum, to the petitioner,
from the date of which the payment ought to have been made.
4. In view of the aforesaid directions, this writ petition
stands disposed of.
(D.N. Patel, J)
VK