Disposed

Bhagwati Lalbegin v. Jharkhand Mineral Area Development Authority through Its Chairman Cum Managing Director

Jharkhand HC14 Mar 2019WPC/1265/2019

Case brief

AI extract

What is this about?

Petitioner, a voluntarily retired Jharkhand Mineral Area Development Authority employee, filed a writ petition for retirement benefits and dues. The Court directed the authority to consider the claim and pay admitted dues within specified timelines.

What did the court decide?

Direction to the Secretary, MADA, to file a detailed representation, consider the claim, and pay admitted dues within twelve weeks or communicate reasons for denial.

Bhagwati Lalbegin Vs Jharkhand Mineral… — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 1265 of 2019

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Bhagwati Lalbegin, wife of Mahabir Lalbegi, resident of Balmiki Colony, P.O. & P.S. Jharia, District- Dhanbad …... Petitioner(s)

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Vs.

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Jharkhand Mineral Area Development Authority, through its Chairman-cum-Managing Director, having its office at Dhanbad, P.O. and P.S. and DistrictDhanbad.

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The Secretary, Jharkhand Mineral Area Development Authority, having its office at Dhanbad, P.O. and P.S. and District-Dhanbad

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The Accounts Officer, Jharkhand Mineral Area Development Authority, having its office at Dhanbad, P.O. and P.S. and District-Dhanbad.

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…... Respondent(s)

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For the Petitioner(s) : M/s J.S. Mazumdar and Vikram Singh, Advocates. For the respondents : Mr. Mahavir Prasad Sinha & Santosh Kumar Jha, Advocate.

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN .

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02/14.03.2019: The petitioner, who was an employee of Jharkhand Mineral Area Development Authority (hereinafter to be referred as 'MADA'), has resigned and taken voluntary retirement from the services on 16.5.2017. The petitioner has approached this Court claiming her retirement benefits and other dues, which the petitioner is entitled to receive from MADA.

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Counsel for the petitioner submits that suffice it would be if a direction is given to the Secretary, MADA to decide the claim of the petitioner and to pass an appropriate order on the representation of the petitioner and further respondent No. 2- the Secretary, MADA be directed to pay the admitted dues of the petitioner as per the scheme.

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Counsel appearing on behalf of MADA has no objection, if a direction is given to the Secretary, MADA to dispose of the representation of the petitioner and to pay the admitted dues to the petitioner on account of her voluntary retirement from the services as per the scheme.

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Considering the nature of prayer of the petitioner and in view of the order which I intend to pass, it is not necessary to call for an affidavit in opposition i.e. from MADA.

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Accordingly, I direct the petitioner to file a detailed representation claiming her retirement benefits under different heads before respondent No. 2- the Secretary, MADA along with a copy of this order within six weeks from today. On receipt of such representation, the Secretary, MADA shall consider the claim of the petitioner in terms of the scheme formulated by the MADA for payment of retirement benefits to the employees and will pass a reasoned order. If any amount is found payable, the said amount would be paid to the petitioner thereafter as per the scheme. The entire exercise should be concluded within 12 weeks from the date of receipt of representation along with a copy of this order.

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If any portion of the claim of the petitioner is denied or disputed by the respondent(s), the reasons for such denial, should be communicated to the petitioner within the said period.

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With the aforesaid observation and direction, this writ petition stands disposed of .

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(ANANDA SEN, J.)

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Anu/-CP-2.

Bhagwati Lalbegin v. Jharkhand Mineral Area Development Authority through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

Bhagwati Lalbegin v. Jharkhand Mineral Area Development Authority through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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