Disposed

MD Hanif v. Mineral Area Development Authority Through Its Chairman And Ors.

Jharkhand HC11 Mar 2014WPC/7681/2013

Case brief

AI extract

What is this about?

This single-judge bench, without commenting on the merits of the petitioner's claim regarding unpaid post-retirement dues, disposed of the writ petition by granting liberty to approach the Managing Director with a fresh representation. The authority was directed to consider the claim legally, verify the service record, and pass a reasoned order within 12 weeks.

What did the court decide?

Liberty granted to petitioner to approach Respondent No. 2 with fresh representation; Respondent directed to pass reasoned order within 12 weeks.

MD Hanif Vs Mineral Area Development… — Pension and Retirement Benefits | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 7681 of 2013

...

Md. Hanif

… …Petitioner

-V e r s u s- The Mineral Area Development Authority through its Managing Director, Dhanbad and Ors. ... ...Respondents

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CORAM: - HON’BLE MR. JUSTICE APARESH KUMAR SINGH

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For the Petitioner : - Mr. Rakesh Kr. Sinha, Adv. For the Respondents : - M/s Bhawesh Kumar, Ravi Kumar & Rahul Kamlesh

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....

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04/11.03.2014

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Heard learned counsel for the parties.

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The petitioner is said to have retired on 31.08.2003 while working as Khalasi under Water Supply Division Topchanchi under the respondent- Mineral Area Development Authority (in short MADA), Dhanbad.

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According to the petitioner, his some of the post retirement and other service dues have not yet been paid till date despite representation made to the respondent authority vide Annexure-2 series.

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According to the petitioner, part of gratuity, group insurance and benefits of time bound promotion have not yet been paid.

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Learned counsel for the respondent- M.A.D.A submits that if petitioner approaches the Competent Authority under the Respondent-M.A.D.A with a fresh representation, his grievances shall be looked into and redressed in accordance with law as per the scheme framed for retired employees.

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Having heard counsel for the parties, without commenting upon the merit of the claim of the petitioner, the writ petition is disposed of by allowing liberty to the petitioner to approach the respondent no. 2, Managing Director, M.A.D.A., Dhanbad by filing a fresh representation within a period of 3 weeks together with all supporting facts and documents for redressal of his aforesaid grievances. On receipt of such representation, the respondent No. 2, Managing Director, M.A.D.A., Dhanbad shall consider the same in accordance with law and after verification of the service record of the petitioner pass a reasoned and speaking order within a period of 12 weeks, thereafter, which shall also be communicated to the petitioner.

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Needless to say that if the claim of the petitioner

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regarding some of the post retirement benefits and other service dues are found to be legally admissible and due to the petitioner, same shall be disbursed to the petitioner as per the scheme which is being made applicable to such retired employees of M.A.D.A.

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The writ petition is disposed of in aforesaid terms.

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(Aparesh Kumar Singh, J.)

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Kamlesh/ Ritesh

MD Hanif v. Mineral Area Development Authority Through Its Chairman And Ors.

Case brief

What is this about?

What did the court decide?

MD Hanif v. Mineral Area Development Authority Through Its Chairman And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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