Disposed

Krishan Kumar Banpar and Ors. v. Co. Operative

Jharkhand HC26 Feb 2018WPC/5549/2015

Case brief

AI extract

What is this about?

High Court of Jharkhand directed respondent authorities to expeditiously pay arrears of salary, post-retiral benefits, leave encashment, and gratuity to petitioners. The court fixed a six-month deadline despite ongoing liquidation proceedings.

What did the court decide?

Direction to respondents to ensure payment of arrears of salary, post-retiral benefits, leave encashment, and gratuity to petitioners within six months.

Krishan Kumar Banpar and Ors. Vs Co… — Pension and Retirement Benefits | Jharkhand HC (2018)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P. (S) No. 5549 of 2015

¶3

1.Krishan Kumar Banpar, Son of late Halkhori Mahto, resident of Village-Sajwan, Post Office-Kabra Khurd, Police StationHaidernagar, District-Palamu (Jharkhand)

¶4

2.Ramkyas Singh, Son of late Gokhula Prasad Singh, resident of Village-Karui, Post Office-Karui, Police Station Manjhiaon, DistrictGarhwa (Jharkhand)

¶5

3.Rajendra Prasad Singh, Son of late Nathuni Singh, resident of Village-Tikri, Post Office-Kamgarpur (Via-Japla), Police StationHussainabad, District-Palamau (Jharkhand).

¶6

4.Bhagwan Singh, Son of late Narayan Singh, resident of VillageBarewa, Post Office-Haidernagar, Police Station- Haidernagar, District-Palamau (Jharkhand)

¶7

5.Janeshwar Singh, Son of late Ramdeni Singh, resident of Village-Dehri, Post Office- Satgawan, Police Station-Kutumba, District- Aurangabad (Bihar).

¶8

6.Baleshwar Singh, Son of late Bodhan Singh, resident of VillageManjhiaon, Post Office- Manjhiaon, Police Station-Manjhiaon, District-Garhwa (Jharkhand) ... Petitioner s Vs.

¶9

1.The State of Jharkhand through Secretary, Co-operative Department, Government of Jharkhand having office at Project Building, P.O. & P.S. Dhurwa, Town and District- Ranchi 2.The Registrar, Co-operative Societies, Government of Jharkhand, having its office at Dhurwa, P.O. & P.S. Dhurwa, Town and District-Ranchi.

¶10

3.The Deputy Commissioner, Palamau-cum-Liquidator, Daltonganj Central Co-operative Bank Limited, Palamau, P.O. & P.S. Daltonganj & District- Palamau (Jharkhand)

¶11

.… … ... Respondents

¶12

------

¶13

CORAM: HON’BLE MR. JUSTICE PRAMATH PATNAIK

¶14

------ For the Petitioners : Mr. Saurabh Shekhar, Adv. For the Respondents : Mr. Rajesh Kumar Singh, Adv.

¶15

04 / Dated: 26th February, 2018 Per Pramath Patnaik, J.:

¶16

In the instant writ application, the petitioners have inter alia prayed for direction upon the respondents-authorities to complete the liquidation process initiated vide order dated 18.07.2005 and to release the arrears of salary in favour of petitioners for the period they have not been paid although they remained in service under the respondents-authorities along with the amount of leave encashment and gratuity in favour of petitioners in view of order dated 18.05.2015 passed in L.P.A. No.

¶17

264 of 2013 in the case of Benkteshwar Singh & Anr. Vs. State of Jharkhand & Ors.

¶18

2. After some argument, learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the decision rendered in the case of Yamuna Singh & Anr Vs State of Jharkhand & Ors. passed in W.P. (S) No. 2198 of 2012 vide order dated 22.03.2017.

¶19

3. Learned counsel for the respondents-State has fairly acceded to the fact that the case of the petitioners is squarely covered by the said case and they also do not dispute the legally admissible arrear of salary and post retiral benefits, however, submits that due to pendency of liquidation proceedings, the respondents are not in a position to pay admissible monetary benefits to the petitioners.

¶20

4. In view of the specific averments made by learned counsel for the parties and the fact that the entitled to the relief as sought for in the writ application, it would be apposite to direct the respondents to ensure payment of arrears of salary and post retiral benefits to the petitioners as expeditiously as possible.

¶21

5 . Accordingly, the writ application stands disposed of with a direction to respondents to ensure payment of arrears of salary and post retiral benefits to the petitioners as expeditiously as possible preferably within a period of six months from the date of receipt/production of copy of this order.

¶22

6. With the aforesaid observations and directions, the writ petition stands disposed of.

¶23

(Pramath Patnaik, J.)

¶24

Alankar/-

Krishan Kumar Banpar and Ors. v. Co. Operative

Case brief

What is this about?

What did the court decide?

Krishan Kumar Banpar and Ors. v. Co. Operative

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Joseph Tete Vs the State of Jharkhand Thr the Secretary Primary Education and Ors.

Khedu Choudhary Vs Union of India through Assistant General Manager Food Corporation of India and Ors.

Amrendra Kumar Vs State of Jharkhand And Ors.

Sushil Kumar Purty Vs State of Jharkhand And Ors.

Jayshree Dubey Vs Union of India And Ors.

Soma Rani Vs State of Jharkhand And Ors.