Quashed

Atul Prasad Choudhary v. The State Of Jharkhand And Ors.

Jharkhand HC2 Feb 2015WPC/5396/2014

Case brief

AI extract

What is this about?

The petitioner, a retired clerk, approached the Court for direction to release his final pension, arrears, and benefits of a third time-bound promotion. He alleged non-payment due to missing service books. The Court directed the Director, Soil Conservation, to action the matter and release dues within six weeks upon receipt of documents, with interest if delayed. The Principal Accountant General w

What did the court decide?

Directed respondent no. 5 to release legally admissible amounts within six weeks; Principal Accountant General to issue necessary slips upon undertaking. Interest at 10% p.a. if default.

Atul Prasad Choudhary Vs The State Of… — Pension and Retirement Benefits | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5396 of 2014

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Atul Prasad Choudhary, Son of Late Janardan Choudhary, resident of Ramayan Enclave 3^rd Floor, behind Bank colony Gitil Kocha, RIMS Road, Kokar, Post office Lalpur, PS. Sadar, Ranchi …… Petitioner

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Versus

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The State of Jharkhand

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The District Soil Conservation Officer, Gumla, PO and PS Gumla

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The Principal Accountant General, Jharkhand, PO and PS Doranda, Ranchi

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Soil Conservation Officer, Gumla, PO and PS Gumla, Dist. Gumla

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Director, Soil Conservation, Kanke Raod, Krishi Bhawan, Ranchi, PO-GPO PS Gonda, Dist. Ranchi

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…… Respondents

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---------

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. Rajeev Kumar, Adv. For the Respondents : Mr. Sarvesh Kumar Verma, Adv.

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04/Dated: 2^nd February, 2015

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The petitioner has approached this Court for following reliefs-

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a. For the direction upon the respondents especially respondent no. 4 to send the service book to the respondent no. 3 so that, the final pension may be sanctioned to the petitioner and the same may be paid to him along with arrear of the difference of the amount.

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b. For, the direction upon the respondent no. 4 to pay the benefit of the IIIrd time bound promotion and also pay the arrear of the same.

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c. For, the payment of arrear of pension after finalization of the monthly pension to the petitioner

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It is submitted on behalf of the petitioner that he retired from service on 31.07.2009 as Clerk but he has not been paid his final pension in absence of the service book. He has further submitted that even in the past also, he had approached this Hon’ble Court in WP(S) no. 7785 of 2011.

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The grievance of the petitioner is that although he has retired from service with effect from 31.07.2009 but his retiral dues has not been released. The office of the Accountant General has filed counter affidavit on 5^th January, 2015 stating at paragraph no. 4 that the office of the Accountant General has not received the documents till date. However, it has been stated in the said paragraph that on receipt of the sanctioned

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-2-

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order and relevant documents, necessary authority slip can be issued without any delay.

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Respondent –State has filed affidavit on 23.01.2015 wherein at para 12 the submission has been made that after receiving the service book of the petitioner from office of the respondent no. 5 i.e. Director, Soil Conservation, Ranchi, the respondent no. 4 after due consideration has sent a letter bearing letter no. 311 dated 22.12.2014 to the office of The Principal Accountant General, Jharkhand, Ranchi for issuance of final pension and gratuity, and with respect to the other prayer i.e. regarding the M.A.C.P., submission has been made by the respondent-State at para13 that after making entry in service the same has been sent before the Director, Soil Conservation, Ranchi, for consideration of his case for grant of 3^rd M.A.C.P., which would be evident from Annexure-E annexed to the counter affidavit dated 23.01.2015.

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In that view of the matter, writ petition stands disposed of directing the respondent no. 5 i.e. Director, Soil Conservation, Ranchi to look into the matter so that the entire legally admissible amount as per annexure D and E shall be released in favour of the petitioner within the period of six weeks form the date of receipt of copy of this order. It is expected that Accountant General will do needful in view of undertaking given in para-4 of his counter affidavit so that the required monetary benefits shall be released in the period aforesaid.

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It goes without saying that if the admitted amount is not paid to the petitioner within the aforesaid period, the petitioner shall be entitled to get statutory interest @ 10% p.a. on the amount payable to him till the final payment from the due date.

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(Sujit Narayan Prasad, J.)

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Tarun

Atul Prasad Choudhary v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Atul Prasad Choudhary v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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