This court directed the State to conclude pending departmental proceedings against an retired employee within eight weeks to determine his entitlement to pension and other retirement benefits. The writ petition was disposed of once the interim direction was issued.
Direction to respondents to conclude departmental proceeding within eight weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 356 of 2019
Jay Prakash Thakur.
… … …Petitioner
-Versus-
CORAM: THE HON’BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioner :Mr. Deepak Kumar Dubey, Advocate. For the Respondents :Mr. Shadab Bin Haque, A.C. to Sr. S.C. II.
10/ 26.08.2019 The petitioner has approached this Court for direction upon the respondents to pay forthwith admitted retiral benefits dues like pension, gratuity and leave encashment which has not been paid to the petitioner till date though the petitioner has already superannuated from service on 31.12.2016 and for fixing pension as per 7th Pay Revision as also to pay entire retiral benefits along with dues with 12% interest for delay in making the payment of his admitted retiral dues and arrears arising out of 1st and 2nd ACP & 3rd MACP.
Mr. Deepak Kumar Dubey, learned Counsel appearing for the petitioner at the very outset submits that the petitioner has received all the retiral benefits. The sole grievance of the petitioner is that pension has not been fixed in proper scale which the petitioner is entitled for.
Mr. Shadab Bin Haque, learned Counsel appearing for the State submits that the pension has been fixed provisionally as a departmental proceeding is pending against the petitioner and the same will be subject to the outcome of the departmental proceeding.
2
In view of the fair submission of the learned Counsel for the parties, I hereby direct the respondents to conclude the departmental proceeding within a period of eight weeks from the date of receipt/production of a copy of this order.
Needless to say, if the petitioner is found entitled for the fixation of pension as claimed by him, the same shall be fixed.
Accordingly, the writ petition stands disposed of.
P.K.S.
1 issue framed by the court
Whether the petitioner is entitled to immediate fixation of pension pending conclusion of a departmental proceeding.
Jay Prakash Thakur
The State of Jharkhand
The Additional Chief Secretary, Department of Planning & Finance
The Additional Chief Secretary, Department of Forest, Environment & Climate Change
The Principal Chief Conservator of Forest
The Divisional Forest Officer, Medninagar Division
DR. S.N. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
