IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6803 of 2005.
Mithleshwar Prasad Singh .......Petitioner
Versus
State of Jharkhand and others ... Respondents.
.............
CORAM: THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY
For the Petitioner Mr. Vishal Trivedi, Advocate.
For the Respondents Mr. V.K. Prasad, J.C. to AG.
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3/30.01.2009
Heard the parties and with their consent this writ petition is being
disposed of at this stage itself.
In this writ petition, the prayer of the petitioner is for a direction to
the respondents to make payment of his retiral dues with statutory and
penal interest to which he is entitled as he has superannuated from
service on 31.03.2004.
According to the petitioner, the amount towards G.P.F., General
Insurance, Leave Encashment, Pension and Gratuity and payment of
arrears of salary have not been paid to him.
By filing a counter affidavit, it has been stated on behalf of the
respondents that provisional pension for April, 2004 to April, 2006
amounting to Rs.31,250/- vide Cheque No. 656603 dated 07.06.2006;
provisional pension for the periods May, 2006 to July, 2006 at the rate
of Rs.1,250/- for three months amounting to Rs.3,750/- vide Cheque
No. 353325, dated 09.04.2006; G.P.F. amounting to Rs.50,585/- vide
Cheque No. 656624, dated 09.09.2006; Insurance to the tune of
Rs.22,068 vide Cheque No. 654796 dated 11.03.2006; Provisional
Gratuity amounting to Rs.66,620/- vide Cheque No. 893661 dated
14.12.2007 and a sum of Rs.51,520/- vide Cheque No. 893666 dated
24.12.2007 against the unutilized leave, have already been paid to the
petitioner. Therefore, it appears that most of the grievances of the
petitioner have already been redressed by making payment for retiral
dues. However, learned counsel for the petitioner states that the
petitioner has not been paid pension on the revised scale and some
dues are still remained to be paid to the petitioner.
Considering the aforesaid facts, since most of the grievances of
the petitioner have already been redressed and therefore, this writ
petition is being disposed of by giving liberty to him that if he has any
grievance left in relation to his retiral dues, he may file fresh
representation before the concerned respondents stating in details
about his claim and grievance within a period of four weeks from today.
If such a representation is filed by the petitioner, the concerned
authority shall consider the same and shall pass a reasoned order in
accordance with law within a period of eight weeks from the date of
receipt of such representation.
With the aforesaid observations and directions, this writ petition
stands disposed of.
(AMARESHWAR SAHAY,J)
RC/