Disposed

Deo Narayan Yadav v. State of Jharkhand And Ors.

Jharkhand HC7 Mar 2014WPC/5258/2011

Case brief

AI extract

What is this about?

Petitioner, a retired District Malaria Officer, filed a writ petition for release of post-retirement benefits. The Court held the matter substantially redressed and directed the petitioner to approach the Accountant General for the authority slip within four weeks if applicable.

What did the court decide?

Petitioner allowed to approach Accountant General for authority slip; release directed within four weeks if no legal impediment exists.

Deo Narayan Yadav Vs State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No.5258 of 2011

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Deo Narayan Yadav ….... Petitioner

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Versus

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State of Jharkhand & ors. …..... Respondents ---------- CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : M/s Ragini For the respondent : Mr.J.C. to G.P.I

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08/07.03.2014 Learned counsel for the petitioner is permitted to implead the office of Accountant General, Jharkhand as party respondent no.9 for which necessary correction shall be carried out in red ink in the array of parties during the course of the day.

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Heard counsel for the parties.

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Petitioner has approached this Court after his retirement on 31.7.2010 from the post of District Malaria Officer, Chaibasa after serving the department for 37 years for release of his post retirement benefit arising out of grant of 1^st and 2^nd A.C.P.

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However in order to cut short the controversy, straightway the stand taken by the respondent- State in their counter affidavit filed on 17.2.2014 may be noticed where in they have stated that the department has communicated to the office of the Accountant General, respondent no. 9 the decision of the State Government to grant approval of the benefit of A.C.P.s payable to the petitioner. As such letter has been written on 13.2.2014 by the Director-in-chief, Health Services to the Accountant General, Jharkhand. Therefore, according to the respondent- State, the petitioner will get all the benefits after completion of formalities in the office of Accountant General, Jharkhand.

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In that view of the matter, it appears that substantially the prayer of the petitioner has been redressed and only consequential authority slip are required to be issued by the office of Accountant General, Jharkhand. Accordingly, petitioner is allowed to approach the office of Accountant General, if the authority slip has not been released as yet by making representation before the newly added respondent no.9 i.e. the office of Accountant General, Jharkhand to consider the sanction letter issued by the department for payment of admissible benefit on account of grant of A.C.P

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and if there are no legal impediment, authority slip would be released without any unreasonable delay, preferably within a period of 4 weeks from the date of receipt of the copy of this order along with representation.

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Accordingly, the writ petition is disposed of in the aforesaid terms.

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(Aparesh Kumar Singh, J.)

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A. Mohanty

Deo Narayan Yadav v. State of Jharkhand And Ors.

Case brief

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Deo Narayan Yadav v. State of Jharkhand And Ors.

Case brief

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What the court decided

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