In the High Court of Jharkhand at Ranchi
Cont. Case (Civil) No.24 of 2011
with
Cont. Case (Civil) No.216 of 2011
with
Cont. Case (Civil) No.582 of 2010
with
Cont. Case (Civil) No.217 of 2011
with
Cont. Case (Civil) No.764 of 2010
Smt. Tirtha Karmakar..............Petitioner [Cont Case (Civil) no.24 of 2011]
Jitendra Kumar.......................Petitioner [Cont Case (Civil) no.216 of 2011]
Tirpit Jha................................Petitioner [Cont Case (Civil) no.582 of 2010]
Amulya Charan Mahato........ Petitioner [Cont.Case (Civil) no.217 of 2011]
Beni Madhav Bhandari......... Petitioner [Cont Case (Civil) no.764 of 2010]
VERSUS
State of Jharkhand and another.......................Opposite Parties
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioners : M/s. Amit Kumar Sinha & P.K.Mukhopadhyay
For the Opposite Party No.2: Mr. Indrajit Sinha
For the State : S.C (Mines)
11/07.09.2011
. Pursuant to order dated 06.09.2011, the Chief Executive Officer,
Dhanbad Municipal Corporation, Dhanbad is present in the Court.
It was stated on behalf of the Dhanbad Municipal Corporation that
payment of all the retiral dues would be made to the petitioners within four
weeks, but so far claim relating to payment of arrears on account of revision of
pay is concerned, presently that chapter be kept open, as an affidavit would be
filed that recommendation made for Sixth Pay Revision Committee has never
been implemented in the Dhanbad Municipal Corporation and hence, the
petitioners would not be entitled to arrears on account of revision of pay.
It was submitted that pursuant to order passed by this Court, some
vigilance cases against the employees of Dhanbad Municipal Corporation,
Dhanbad have been lodged which are still under investigation. Even if such
case are there, the authority does have any power to withhold the pension on
account of pendency of any criminal cases without taking recourse of law.
Accordingly, Dhanbad Municipal Corporation, Dhanbad is, hereby,
directed to make payment of the claims payable towards retiral dues to the
petitioners including pension within a period of four weeks. While making
payments, detailed chart of the amount, to which the petitioners are entitled to
be furnished to them.
Further more, some of the claims are still to be determined by the
Corporation and, therefore, Chief Executive Officer of Corporation is directed to
take decision in the matter, for which the petitioners would file a fresh
representation before the authority within a period of one week from today.
As prayed for, put up this case on 12.10.2011.
If this order is complied with, the Chief Executive Officer, Dhanbad
Municipal Corporation, Dhanbad need not to appear on the next date.
Let a copy of this order be handed over to Mr. Indrajit Sinha, learned
counsel appearing for the Dhanbad Municipal Corporation for needful.
(R.R.Prasad, J.)
Ravi/