IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3281 of 2011
Ramchandra Mahto ... ... Petitioner
Versus
Dhanbad Municipal Corporation through its
Chief Executive Officer, Dhanbad and others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Tejo Mistri, Advocate
For the Respondents : Mr. Indrajit Sinha, Advocate
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2/20.07.2011
Heard the parties.
Learned counsel appearing for the petitioner submits that
the petitioner got retired from the post of Guard, Dhanbad Municipal
Corporation, Sindri Anchal, Dhanbad on 1.12.2010 but not a single
penny towards post retiral benefits i.e. provident fund, gratuity,
pension, leave encashment, arrears on account of pay revision etc. as
also the benefit of A.C.P. has been paid to the petitioner though the
petitioner in this respect has made several representation before the
Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad –
respondent no. 2, but nothing was done in this respect and, therefore,
no option was left with the petitioner but to move to this Court for
directing the Authority to make payment of the post retiral dues to
him.
Since the decision is still to be taken by the Authority with
respect to the claims made by the petitioner, this writ application is
disposed of directing the petitioner to file a fresh representation,
raising all his claims, which have been claimed in this writ petition,
before the Chief Executive Officer, Dhanbad Municipal Corporation,
Dhanbad (respondent no. 2), along with a copy of this order, within
three weeks from today and the respondent no. 2, on receiving such
representation, shall be taking decision in the matter relating to the
payment of post retiral dues to the petitioner within a period of three
months thereafter.
If the Authority finds the amount payable towards the
claims mentioned above, the same be paid to the petitioner
immediately with statutory interest, if any. If within that period the
payment is not made, the petitioner shall be entitled to have interest
@ 6% per annum till the date of payment.
(R.R. Prasad, J.)
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