Disposed

Ramani Devi and Anr. v. Mineral Area Development Authority Through Its Chairman Cum Managing Directors And Ors.

Jharkhand HC11 Mar 2014WPC/6300/2013

Case brief

AI extract

What is this about?

In a writ petition seeking debt and compassionate appointment dues for a deceased MADA employee, the High Court of Jharkhand dismissed the petition without commenting on merits, directing the petitioners to submit a fresh representation to the Managing Director within three weeks to obtain a reasoned decision within twelve weeks.

What did the court decide?

Petitioners directed to submit fresh representation to the Managing Director within three weeks for redressal of grievances, to be considered in a speaking order within twelve weeks.

Ramani Devi and Anr. Vs Mineral Area… — Pension and Retirement Benefits | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 6300 of 2013

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Ramani Devi & another

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... … Petitioners

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-Versus-

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Mineral Area Development Authority and ors.... Respondents

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CORAM : HON’BLE MR. JUSTICE APARESH KUMAR SINGH

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For the Petitioners :Mr. Kumar Vaibhav For the Respondents :Mr. Bhavesh Kumar

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3- 11.03.2014 Heard learned counsel for the parties.

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The petitioner no.1 is said to be the widow of late Dilip Hari, who died on 16.11.2011 while serving as sweeper in Health Circle, Putki under Mineral Area Development Authority, Dhanbad.

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According to the petitioner no.2, he is the son of the deceased employee. The grievance of the petitioners is that the death cum retirement benefit of the deceased employee have not been paid to them and the respondents have not yet taken any decision on the claim of compassionate appointment of the petitioner no.2 despite representations made, vide Annexure 3, 4 series and 5 respectively, to the respondent-authority.

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Learned counsel appearing on behalf of the respondentsMADA, however, submits that if petitioners approach the respondent no. 1, Managing Director, MADA, Dhanbad, their grievances shall be looked into and redressed as per the scheme which is being made applicable to retired employees of MADA.

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In such circumstances, without commenting upon the merits of the case of the parties at this stage, the writ petition is disposed of by allowing the petitioners once again to prefer a fresh representation before the respondent no. 1, Managing Director, MADA, Dhanbad together with all supporting facts and documents for redressal of their grievances i.e. in respect of death-cum-retiral dues and other service dues of the deceased employee as also for compassionate appointment of petitioner no. 2, Ajay Kumar Hadi within a period of three weeks. On receipt of such representation, the respondent no. 1, Managing Director, MADA, Dhanbad shall consider the same in

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accordance with law and after proper verification of the service records of the deceased employee and also considering the eligibility of the petitioner no. 2 on the criteria laid down for compassionate appointment under MADA, pass a speaking and reasoned order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner.

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Needless to say, if the claim of the petitioners is found to be genuine and they are entitled to any legally admissible dues on account of death-cum- retiral benefits and other service dues, the same should be disbursed to the petitioners as per the scheme which is being made applicable to retired employees of MADA.

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Accordingly, the writ petition is disposed of in the aforesaid

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terms.
(Aparesh Kumar Singh, J. )
Pandey

Ramani Devi and Anr. v. Mineral Area Development Authority Through Its Chairman Cum Managing Directors And Ors.

Case brief

What is this about?

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Ramani Devi and Anr. v. Mineral Area Development Authority Through Its Chairman Cum Managing Directors And Ors.

Case brief

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What the court decided

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