Disposed

Suresh v. Building Construction

Jharkhand HC5 Jan 2015WPC/6653/2013

Case brief

AI extract

What is this about?

This single-paragraph order from the Jharkhand High Court disposed of a welfare pension petition. The petitioner claimed unpaid salary, increments, and retirement benefits. As no counter-affidavit was filed, the court dismissed the writ petition but granted liberty for the petitioner to submit grievances to the respondent authority, who was directed to pass an order within eight weeks.

What did the court decide?

Petitioner granted liberty to make representation to the respondents for the authority to pass an appropriate order within eight weeks.

Suresh Vs Building Construction — Pension and Retirement Benefits | Jharkhand HC (2015)

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THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) 6653 of 2013

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Suresh

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............ Petitioner

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Vs.

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The State of Jharkhand through the Secretary Building Construction Dept.,Govt.of Jharkhand,Ranchi

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The Chief Engineer,South Bihar Region,Dhurwa,Ranchi

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The Superintending Engineer,Building Circle,Chaibasa

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Executive Engineer,Building Division,Chaibasa

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The Accountant General (A & E),Jharkhand

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District Account Officer, West Singhbhum,Chaibasa

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.......... Respondents

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----------- CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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---------For the petitioner : Mr. D.K.Pathak,Advocate. For the respondents : Mr. Bhawesh Kumar S.C.II.

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---------- 04/Dated:5th January, 2015

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Petitioner prays for direction upon the respondents to pay arrears of salary amounting to Rs. 28,978/- for the period 1989 to 2000, to pay the amount of GSS , to grant annual increment for the period 1989 to 2006, to provide the benefits of ACP/MACP, to re-fix the scale of the petitioner after giving benefit of ACP/MACP, to fix the pension of the petitioner on revised scale and to pay the difference of all the retiral benefits accrued, to pay at least simple interest upon the payable amount which has been withheld by the respondents, has approached this Court.

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Counsel appearing on behalf of petitioner submitted that the petitioner had retired on 31.3.2011 after rendering 37 years of service. Thereafter, certain amounts including amount of G.P.F.,leave encashment and gratuity has been paid to him vide annexure 1 to the writ petition but, neither annual increments due from 1990 to 2006 were allowed nor even the benefits of ACP/MACP were given to the petitioner as a result of which the salary of the petitioner remained much less than the actual payable salary and for which he had made several representations before the authority concerned but no order has been passed. It has further been submitted that the instant writ petition has been filed on 26.10.2013 but no counter affidavit has been filed by the respondent till date.

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In that view of the matter writ petition is disposed of giving liberty to the petitioner to make proper representation before the Secretary, Building Construction Department, Government of

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Jharkhand, Ranchi, raising all his grievances along with supporting documents and the concerned authority on receipt of such representation shall pass an appropriate order in accordance with law within a reasonable period preferably within eight weeks from the date of receipt of copy of representation on behalf of petitioner.

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Needless to say, if any amount found to be legally admissible, the same shall be released in favour of the petitioner within aforesaid period and if, the respondent authority will dispute the grievance of the petitioner the reason shall be communicated to the petitioner within aforesaid period.

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Writ petition stands disposed of.

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(Sujit Narayan Prasad, J.)

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Nibha

Suresh v. Building Construction

Case brief

What is this about?

What did the court decide?

Suresh v. Building Construction

Case brief

What is this about?

What did the court decide?

What the court decided

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