IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No.5025 of 2009
Kapildev Prasad ... ... Petitioner
Versus
State of Jharkhand & Others ... ... Respondents
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CORAM: HON’BLE MR. JUSTICE D.N.PATEL
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For the Petitioner: M/s Vijay Kumar Gupta
For the Respondents: J.C. to S.C. II
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03/Dated 19th October, 2011
1. Counsel for the petitioner submitted that suffice it will be for
disposal of this writ petition, if a direction is given to respondent no. 2, to
treat this writ petition as a representation and decide the claim made by
the petitioner in this writ petition in accordance with law, within stipulated
time, as given by this Court.
2. I have heard counsel for the respondents, who has submitted that
they do not have much objection, if such a direction is given to
respondent no.2 to treat this writ petition as a representation and decide
the claim made in this writ petition in accordance with law, within the
stipulated time, as given by this Court.
3. In view of the aforesaid limited submissions, I hereby, direct
respondent no.2 to treat this writ petition as a representation and decide
the claim made by the petitioner in this petition for grant of revised
retirement benefits on account of 6th Pay revision. This decision shall be
taken in accordance with law, rules, regulations, policies and
Government enforceable orders, applicable to the petitioner as
expeditiously as possible and practicable, preferably within a period of
twelve weeks, from the date of receipt of a copy of an order of this Court,
after giving an adequate opportunity of being heard to the petitioner or
to his representative.
4. After the decision is taken, the necessary papers like copy of the
order of revised payscale, Service Book, Sanction order etc. will be sent,
within a further period of one week from the date of the decision taken
2
by respondent no. 2, to Office of Accountant General for fixation of
pension gratuity etc. on the basis of the revised pay scale.
5. After the decision is taken by respondent no. 2, any amount legally
payable to the petitioner, i.e. arrears of difference of salary, Leave
Encashment (on account of pay revision) etc., will be paid to the
petitioner within a further period of four weeks.
6. In view of the above directions, this writ petition is disposed of.
(D.N.Patel, J.)
s.m.