IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4869 of 2009.
With
W.P. ( S) No. 5082 of 2009
With
W.P. ( S) No. 6082 of 2009
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Indradeo Pandey ... ... ... ... ... Petitioner
(In W.P. (S) No. 4869 of 2009)
Md. Attaulah Ansari ... ... ... ... ... Petitioner
(In W.P. (S) No. 5082 of 2009)
Md. Gulam Jilani ... ... ... ... Petitioner
(In W.P. (S) No. 6082 of 2009)
Versus
1. Mineral Area Development Authority, Dhanbad, through its
Secretary.
2. The Managing Director, Mineral Area Development Authority,
Dhanbad.
3. The Secretary, Mineral Area Development Authority Dhanbad.
4. The Accounts Officer, Mineral Area Development Authority,
Dhanbad. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA
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For the Petitioners : Mr. Krishna Shankar, Advocate in all
cases
For the Respondents/M.A.D.A.: Mr. Bhawesh Kumar, Advocate in all
cases
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2/19.2.2010
It is submitted that in spite of repeated request, the claim
of the petitioner(s) have not been settled/paid.
Counsel for the M.A.D.A. submitted that in the absence of
counter affidavit, he is not in a position to accept or controvert the
submissions made by the petitioner(s). He further submitted that it is
also to be seen whether any quarters was given to the petitioners
and whether they have paid all the upto date rent/penal rent/ other
charges etc., against occupation of quarters, and have handed over
vacant possession of the quarters or not.
In the circumstances, petitioner(s) are directed to handover
vacant possession of quarters, if any given to them, if not already
handed over, within 30 days from today. Only after the quarters
have been vacated, if any quarters were given, the petitioner(s) may
file copy of their writ petitions before respondent no. 2 – The
Managing Director, Mineral Area Development Authority, Dhanbad,
which will be treated as representations on their behalf.
Respondent no. 2 will pass necessary orders with regard to
payment of undisputed and legally payable amount after deducting
any amount recoverable from the petitioner(s), along with the
calculation. If any claim/part of it is found not tenable/payable, the
reasons thereof should be communicated to the petitioner(s).
This exercise should be completed within two months from the
date of receipt/production of a copy of this order.
It is made clear that this Court has not gone into the merits of
the claims of the petitioner(s).
The respondents should apply this order to other similarly
situated employees, so that unnecessary litigation is avoided.
With these observations and directions, this writ petition is
disposed of.
(R. K. Merathia, J)
Rakesh/