Disposed

Joseph Kullu And Ors. v. Human Resources Department

Jharkhand HC9 Mar 2017WPC/2705/2016

Case brief

AI extract

What is this about?

Three petitioners claimed salary differences and interest for revised pay scales. The Court declined the interest prayer as not pleaded in the writ petition but directed freezing of petitioner no. 3's bank account due to unproven sole legal heir status. The writ petition was disposed of.

What did the court decide?

Interest prayer declined. Bank account of petitioner no. 3 frozen pending submission of affidavit by surviving legal heirs.

Joseph Kullu And Ors. Vs Human Resources… — Pension and Retirement Benefits | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2705 of 2016

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Joseph Kullu, s/o Late Jakarias Kullu, resident of village Gothoitangar, PO Pakartanr, PS Pakartanr, Dist. Simdega

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Victor Lawrence Kiro, S/o Late Pius Kiro, resident of Lahrutoli, PO Pakartanr, PS Pakartanr, Dist. Simdega

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Anupam Bilung, son of Late Ursella Dungdung, resident of Pharsabera, PO Khuntitoli, PS Simdega, Dist. Simdega

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… Petitioners

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Versus

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The State of Jharkhand

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The Director, Secondary Education, Department of Human Resources Development, Government of Jharkhand, PO & PS Dhurwa, Dist. Ranchi

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The District Education Officer, Simdega, PO & PS Simdega, Dist. Simdega

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The Principal of St. Luis High School Khanjaloya, PO & PS Keunddih, Dist. Simdega

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... Respondents

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioners : Mr. Ravi Kerketta, Advocate For the Respondent-State : Mr. Shadab bin Haque, JC to GP I

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Claiming difference of salary on account of revised pay-scale w.e.f. 01.01.1986 and difference of salary on account of 5^th pay-revision w.e.f 01.01.1996 “with interest”, the petitioners have approached this Court.

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06/09.03.2017

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2. In the counter-affidavit, the respondent-State has pleaded that immediately when the matter was brought to the knowledge of the respondent no. 3 necessary steps were taken for payment of legally payable dues to the petitioners. In paragraph no. 10, in a tabular chart, the amount which has been credited in the bank accounts has been disclosed. In the writ petition there is no pleading for claiming interest on the differential amount and accordingly, such prayer is declined.

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3. The petitioner no. 3 claims himself legal heir and

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successor of the deceased employee, however, he has not pleaded that he is the only legal heir of the deceased employee nor it is the case of the petitioner no. 3 that he has been authorised by other legal heirs, if any, to prosecute this writ petition. Accordingly, the respondent no. 3 is directed to take steps for freezing the account with S.B.I., Simdega of the petitioner no. 3 for amount of Rs. 1,46, 809/- which has been credited in the said account till, the petitioner no. 3 submits an affidavit of surviving legal heirs and successors of the deceased employee namely, Ursella Dungdung, if any. Only upon its satisfaction that the petitioner no.3 is legally entitled to receive the amount, the amount shall be released in his favour.

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4. The writ petition stands disposed of.

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(Shree Chandrashekhar, J.)

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Amit/

Joseph Kullu And Ors. v. Human Resources Department

Case brief

What is this about?

What did the court decide?

Joseph Kullu And Ors. v. Human Resources Department

Case brief

What is this about?

What did the court decide?

What the court decided

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