Disposed

Mohan Lalbegi No 1 v. The Mineral Area Development Authority Represented Through Its Managing Director And Anr.

Jharkhand HC2 Feb 2015WPC/6133/2014

Case brief

AI extract

What is this about?

The petitioner, a retired sweeper, challenged non-payment of post-retirement dues. The court disposed of the writ petition without commenting on merits, granting liberty to approach the Managing Director with a fresh representation within three weeks and directing a reasoned order within twelve weeks.

What did the court decide?

Liberty to file a fresh representation within 3 weeks and pass a reasoned order within 12 weeks.

Mohan Lalbegi No 1 Vs The Mineral Area… — 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. 6133 of 2014

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...

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Mohan Lalbegi (No. 1), S/o Late Dwarika Lalbegi, R/o Benditand, Jodhadih More, Chas, PO and PS Chas Dist. Bokaro

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… …Petitioner

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-V e r s u s-

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Mineral Area Development Authority represented through its Managing Director, at P.O., P.S. & Dist. Dhanbad

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The Chief Medical Officer, Mineral Area Development Authority, at P.O., P.S. & Dist. Dhanbad ... ...Respondents

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CORAM: - HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Petitioner : - M/s Niranjan Singh & Kaushal Kumar, Advocates

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For the Respondents : - M/s Bhawesh Kumar, Ravi Kumar, & Debarsi Mondal, Advocates ....

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04/02.02.2015 Heard learned counsel for the parties.

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The petitioner is said to have retired on 30.06.2014 while working as Male Sweeper, at Chas Circle under the respondent- Mineral Area Development Authority (in short MADA), Dhanbad.

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It is submitted that his post retirement and other service dues have not yet been paid to him despite several representation made to the respondent authority vide Annexure-2.

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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.1, 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.1, 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 regarding the post retirement benefits and other service dues are found to be legally admissible and

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-2-

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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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(Sujit Narayan Prasad, J.)

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Tarun/

Mohan Lalbegi No 1 v. The Mineral Area Development Authority Represented Through Its Managing Director And Anr.

Case brief

What is this about?

What did the court decide?

Mohan Lalbegi No 1 v. The Mineral Area Development Authority Represented Through Its Managing Director And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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