IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3195 of 2009
Raj Kishore Singh ...... Petitioner
Versus
State of Jharkhand & ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioner: Mr. Rishikesh Giri, Advocate
For State of Jharkhand: JC to Sr. SC-I
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Order No. 3: Dated 11th November, 2011
Per D.N.Patel, J.
1. Mr. Rishikesh Giri, learned counsel for the petitioner, submitted that the
petitioner may be permitted to join the office of Accountant General,
Jharkhand, Ranchi, as party respondent no.6 to the present writ petition.
2. Leave to amend is granted. Necessary amendment shall be carried out
in red ink, during course of the day.
3. Notice to the newly joined respondent no.6. Mr. S. Shrivastava, learned
counsel, waives notice on behalf of the newly joined respondent no.6.
Learned counsel for the petitioner is directed to supply copies of the writ
petition, Annexure and the affidavits, filed in this writ petition, to the
learned counsel for respondent no.6. Learned counsel for the petitioner
assures the supply of the aforesaid documents to the learned counsel for
respondent no.6.
4. Learned counsel for the petitioner submitted that out of the total three
grievances, ventilated in this writ petition, only two grievances are left out
i.e. grant of benefits under Assured Career Progression Scheme as well
as fixation of pension, on the basis of revised pay scale and such other
retirement benefits, on the basis of the revised pay scale like gratuity etc.
5 Learned counsel for the respondents submitted that so far as grant of
benefits under A.C.P. Scheme is concerned, it has already been
sanctioned in the month of August, 2011 and necessary orders have
been passed and directions have been issued and to that effect, a
counter affidavit has been filed by the Superintendent of Police, Bokaro.
It is further submitted by the learned counsel for the State that necessary
papers for revision in pension and gratuity have also been sent to the
Commissioner, North Chotanagpur Division, Hazaribagh and, therefore,
the Commissioner may be given a direction to send the papers to the
office of Accountant General, Jharkhand, Ranchi, who is newly joined
party respondent no.6.
2.
6. Thus, looking to the contention, raised by the learned counsel for both
the sides, it appears that now the grievance left out is only about the
revised pension and revised gratuity, on the basis of newly fixed salary,
on the basis of the benefits, granted under A.C.P. Scheme. It appears
that the benefits under A.C.P. Scheme have been given to the petitioner,
as per the decision taken by the respondents, as stated in the counter
affidavit, filed by the Superintendent of Police, Bokaro and necessary
papers have been sent to the Commissioner, North Chotanagpur
Division, Hazaribagh. When this Court raised a query that under which
provisions of law, rules, regulation or policy these papers have been sent
to the Commissioner, there is no answer with the counsel for the State.
7. I, therefore, direct the Superintendent of Police, Bokaro to immediately
sent the papers of the petitioner like service book etc. as well as sanction
order to the office of the Accountant General, Jharkhand, Ranchi directly
within a period of one week from today. These papers will be sent by the
Superintendent of Police, Bokaro to respondent no.6, who is newly
joined party to this writ petition and on receipt of those papers,
respondent no.6 shall expedite the finalization of revision in pension as
well as gratuity, in accordance with law.
8. This writ petition is, accordingly, allowed and disposed of with the
aforesaid observations and directions.
( D.N. Patel, J. )
A.K.Verma/
