Disposed

Premila Hansda v. the State of Jharkhand through Its Chief Secretary and Ors.

Jharkhand HC3 Dec 2019WPC/2524/2015

Case brief

AI extract

What is this about?

The court disposed of a writ petition wherein a government employee sought benefits including pension and career progression. The judgment directed the specific respondent authority to reconsider the petitioner's claim for the Second ACP and to decide on the implications of her suspension period.

What did the court decide?

Direction to Respondent No.2 to consider the claim for Second ACP and pass an order regarding the suspension period within 12 weeks.

Premila Hansda Vs the State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2524 of 2015 Premila Hansda . ….. Petitioner

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Versus The State of Jharkhand & Ors. ….. Respondents --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. A.K.Sahani, Adv. For the Respondents : Mr. Raman Pd. Sinha, A.C. to S.C.I(L&C) ---------

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11/Dated: 03/12/2019

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The present writ petition has been filed by invoking writ jurisdiction under Article 226 of the Constitution of India with a prayer for grant of an appropriate writ in the nature of Mandamus or a writ/order or direction commanding upon the respondent to pay and release the entire benefit including GPF, Gratuity, Leave Salary, Pension, GIC and other benefit including the benefits of 1st and 2nd ACP and Modified Assured Carrer Progression Scheme with interest @ 18% per annum.

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During course of arguments learned counsel for the petitioner referred to Annexure-6 at page 21 which is office order Memo No.04 dated 27.02.2015 issued under the signature of Joint Secretary, Labour Employment and Training Department(Social Security /Welfare) Government of Jharkhand, whereby petitioner, posted as Lady Social Welfare Inspector, Khunti, was under suspension, a department proceeding was initiated but on the basis of medical certificate which was produced as she was suffering from mental disease she was exonerated from all the charges and further revoking the order of suspension from the date of her retirement in terms of Jharkhand Service Code Rule.

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In this connection a counter affidavit has been filed on behalf of the respondent No.4. In Para Nos.16, it has been stated that the benefit towards her Gratuity, G.P.F etc. has already been paid to the petitioner. So, far her claim over pension is concerned necessary pension papers have been sent to appropriate authority through Memo No.623 (ii) dated 23.06.2016, annexed as Annexure-A.

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In para 17 it has been stated that Rs.4,35,225/towards her G.P.F. has been deposited in the account of petitioner. Likewise the petitioner's G.I.S money amounting Rs.1,02,171/-, Gratuity Money amounting to Rs.2,87,698/-,

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-02-

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Leave Salary amounting to Rs.2,96,100/- have already been deposited in her account.

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In para-18 it has been stated that so far claim of 1st ACP and 2nd ACP is concerned, petitioner admitted that 1st time Bond Promotion was granted with effect from 11.06.1993 and regarding second ACP, the same is due to the petitioner as the same has not been sanctioned from the concerned department and so far MACP is concerned, in her case it will be effective from 05.04.2013 and she retired on 31.05.2013 and the petitioner is not entitled to this benefit in want of necessary sanction.

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Heard the parties.

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This writ application is disposed of with a direction to the Respondent No.2 i.e. Director, Social Security/Welfare, Government of Jharkhand to consider the claim of the petitioner for grant of Second ACP and also to consider the case of the petitioner with respect to suspension period and pass an appropriate order in terms of Jharkhand Service Code preferably within 12 weeks after receipt a copy of this order.

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Let a copy of this order be handed over to Mr. Raman Pd. Sinha, A.C. to S.C.I(L&C) for communicate the same to the Respondent No.2 i.e. Director, Social Security/Welfare, Government of Jharkhand.

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With the aforesaid observation and directions this writ petition is hereby disposed of.

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(Anant Bijay Singh, J.)

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Fahim/-

Premila Hansda v. the State of Jharkhand through Its Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Premila Hansda v. the State of Jharkhand through Its Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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