IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.3215 of 2011
Saroj Kumar Sarkhel ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. N.P. Choudhary, Advocate
For the respondents : J.C. to G.P.IV
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05/16.08.2011
. Learned counsel appearing for the petitioner submits that the
petitioner got retired from the post of Head Clerk-cum-Accountant, Nagar,
Panchyat, Jamtara on 31.01.2010, but till date only a sum of Rs.1,00,000/- as
part payment towards Gratuity has been paid to the petitioner and the rest
amount payable towards retiral benefit has not been paid to the petitioner,
though the petitioner had made representation before the respondent Nos. 3
and 4-Deputy Commissioner, Jamtara and Executive Officer, Nagar
Panchayat, Jamtara, but it did not bear any result, as a result of which, the
petitioner is hand to mouth. Under the circumstances, there was no option left
with the petitioner but to move this Court.
Learned counsel further submits that the petitioner is entitled to
Pension under the Bihar Municipal Officers and Servants Pension Rules, 1987
and that apart the petitioner is also entitled to other claims towards retiral
benefit.
Having heard learned counsel appearing for the parties, it does
appear that the amount payable towards retiral benefit is still to be determined
by the authority. Accordingly, this writ application is disposed of directing the
petitioner to file a fresh representation before the respondent No.4- Executive
Officer, Nagar Panchayat, Jamtara, putting forth all the claims, which have
been raised in this writ application, along with a copy of this order, within a
period of three weeks from today. On receiving such representation, the
respondent No.4 would be taking decision over the claims put forth on behalf
of the petitioner within a period of eight weeks thereafter.
(R.R. Prasad, J.)
Ravi/