High Court Jharkhand High Court

Sardar Birendra Singh vs State Of Jharkhand on 1 September, 2009

Jharkhand High Court
Sardar Birendra Singh vs State Of Jharkhand on 1 September, 2009
     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P. (S) No. 1297 of 2008
     Sardar Birendra Singh                    ...    .... Petitioner.
                                    Versus
     1. The State of Jharkhand
     2. The Deputy Commissioner, Bokaro
     3. The Director Provident Fund Nideshalaya,
        Finance Department, Ranchi
     4. The District Provident Fund Officer, Bokaro .... Respondents
                               ......
     CORAM:      HON'BLE MR. JUSTICE D. N. PATEL
                          ......
     For the Petitioner  : Mr. T. K. Mishra
     For the Respondents: J.C. to G.A.
                        ......
                   st
     03/ Dated 1 September, 2009

1. Learned counsel for the petitioner submitted that most of
the grievances ventilated in the memo of the present petition has
been brought to an end, save and except compassionate allowance,
as per Rule 46 of Jharkhand Pension Rules, 2000 and, therefore, a
direction may be given to respondents to treat this writ petition as a
representation and to decide the same within stipulated time, in
accordance with law, after giving an opportunity of being heard to
the petitioner or to his representative.

2. I have heard learned counsel for the respondents, who
has submitted that they have no much objection, if such a direction
is given by this Court to the respondents to decide the
representation, in accordance with law, within the stipulated time.

3. In view of the aforesaid submissions, I hereby direct
respondent no. 3 to treat this writ petition as a representation and
to decide the same, in accordance with law, rules, regulations,
policies and enforceable Government orders, applicable to the
petitioner, after giving adequate opportunity of being heard to the
petitioner or to his representative, as expeditiously as possible and
practicable, preferable within a period of six weeks from the date of
the receipt of a copy of an order of this Court. If the decision is
taken in favour of the petitioner, the legally payable amount shall be
paid to the petitioner, within further period of two weeks, thereafter.

4. In view of the aforesaid directions, this writ petition
stands disposed of.

(D. N. Patel. J)
VK