High Court Jharkhand High Court

Dr. Prabhu Prasad Sinha vs State Of Jharkhand & Ors on 18 November, 2008

Jharkhand High Court
Dr. Prabhu Prasad Sinha vs State Of Jharkhand & Ors on 18 November, 2008
                In the High Court of Jharkhand at Ranchi

                      W.P.(S) No.4238 of 2008

                Dr. Prabhu Prasad Sinha ............. Petitioner

                       VERSUS
                State of Jharkhand through Secretary-cum-
                Commissioner, Department of Health and Family
                Welfare and others............................ Respondents

                CORAM: HON'BLE MR. JUSTICE R.R.PRASAD

                For the Petitioner : Mr. Samir Verma
                For the Respondents: Mr. M.K.Laik

2.   18.11.08

Heard learned counsel appearing for the petitioner and

learned counsel appearing for the respondents.

Learned counsel appearing for the petitioner submits that while

the petitioner was working as In-charge, Medical Officer at Additional

Primary Health Centre, Pundidiri, Tamar, Ranchi, retired from service on

31.12.2003 and then he was paid provisional pension and also gratuity

but still pension has not been finally fixed, as a result of which, 10%

amount to be paid on account of arrears of pension and also the

gratuity has not been given, though the petitioner represented the

matter before the concerned authority in the year 2006 itself.

Learned counsel appearing for the petitioner further submits that

the respondent has without any authority deducted Rs.5000/- towards

leave encashment dues which needs to be paid to the petitioner.

In view of the submission, this writ application is disposed of with

a direction to the petitioner to file a fresh representation before the

Secretary-cum-Commissioner, Department of Health and Family Welfare,

respondent no.2 with a copy of this order within a period of two weeks

and the respondent no.2 will be taking necessary decision within a

period of four weeks relating to payment of amount which the petitioner

has claimed and also for fixation of pension so that necessary

documents be sent to Accountant General for fixation of final pension.

– 2 –

With the aforesaid observation/direction, this writ application is

disposed of.

ND/                                                 ( R.R. Prasad, J.)