Dismissed

Arjun Choudhary v. Water Resources Departement

Jharkhand HC5 Jan 2015WPC/5267/2013

Case brief

AI extract

What is this about?

The petitioner, a retired Junior Engineer, sought arrears of pay scale upgradation, pension difference, gratuity, and leave encashment under the A.C.P. Scheme. The Court dismissed the writ petition, directing the petitioner to submit a formal representation to the appropriate authority for factual assessment and release of dues within the statutory period.

What did the court decide?

Petitioner directed to submit representation to the appropriate authority; authority to decide claim within six weeks and release dues within four weeks if entitled.

Arjun Choudhary Vs Water Resources… — Pension and Retirement Benefits | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 5267 of 2013 Arjun Choudhary ….. Petitioner

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Versus The State of Jharkhand & Others ….. Respondents ----- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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----For the Petitioner - Mr. B.K.Jha For the Respondents - Mr. J.C to G.P-I -----

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2/5.1.2015 The grievance of the petitioner is that in spite of his retirement w.e.f 31.7.2007 from the post of Junior Engineer, Irrigation Division, Dumka, the difference of upgradation in the pay scale under the A.C.P Scheme w.e.f 15.11.2000 till the date of his retirement i.e. on 31.7.2007 has not yet been released. Further grievance of the petitioner is that the arrears of difference of pension, gratuity and leave encashment has not yet been released.

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Admittedly, the petitioner had retired from service on 31.1.2007 and he had been granted the benefits of upgradation in the pay scale by virtue of the orders dated 27.9.2010 and 12.3.2011. The petitioner has not been released the arrears of difference of salary after upgradation in the pay scale under the A.C.P Scheme. The petitioner has claimed that he is entitled to get the arrears of difference of pensionary benefit including the gratuity and leave encashment.

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The respondent-A.G has filed counter affidavit.

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Counter affidavit has not been filed by the respondents-State, although copy of the writ petition had been served in the month of August, 2013 itself.

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Considering the fact that the petitioner had retired from service w.e.f 31.7.2007, this writ petition is disposed of giving liberty to the petitioner to make proper representation before the Engineer-in-Chief, Water Resources Department, Government of Jharkhand, Ranchi (respondent No.2) raising his entire grievance along with the supporting documents within two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondent No.2 shall take a decision in accordance with law within a reasonable period preferably within a period of six weeks from the date of receipt of the representation.

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If the petitioner is found entitled to get the benefits, as claimed by him, the admitted dues shall be released in his favour within four weeks thereafter.

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If the respondents dispute the petitioner's claim(s), the same shall be communicated to the petitioner by a reasoned order within the period aforesaid.

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(SUJIT NARAYAN PRASAD, J)

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S.K

Arjun Choudhary v. Water Resources Departement

Case brief

What is this about?

What did the court decide?

Arjun Choudhary v. Water Resources Departement

Case brief

What is this about?

What did the court decide?

What the court decided

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