Remanded

Shekh Ahmad Aman v. State of Jharkhand through Secretary Women Child Development and Social Welfare Department

Jharkhand HC1 Jun 2020WPC/1422/2020

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Jharkhand addressed a claim for unpaid encouragement allowances under the 'Swami Vivekananda Nishakt Swalamban Protsahan Yojna' due to discontinuation since November 2019. Instead of adjudicating the claim directly, the court directed the Deputy Commissioner to receive a fresh representation and decide within two weeks, with payment of arrears ordered if no

What did the court decide?

Petitioner given liberty to prefer a fresh representation; Respondent No. 2 to decide within two weeks and pay allowances with arrears if no justifiable reason for discontinuance exists.

Shekh Ahmad Aman Vs State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 1422 of 2020

Shekh Ahmad Aman

... … Petitioner

Versus

The State of Jharkhand through the Secretary, Women, Child Development and Social Welfare Department, Ranchi

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The Deputy Commissioner, East Singhbhum, Jamshedpur

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The Social Welfare Officer, East Singhbhum, Jamshedpur

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… … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Anup Kumar Agarwal, Advocate For the Respondent-State : Mr. Rupesh Singh, GP-V -----

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Order No. 02 Dated: 01.06.2020

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The present writ petition has been taken up today through Audio/Video conferencing.

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Mr. Anup Kumar Agarwal, the learned counsel for the petitioner, undertakes to file the deficit court fee within a period of one week. The rest of the defects as pointed out by the office are ignored.

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The present writ petition has been filed for issuance of direction upon the respondents to pay “encouragement allowances (protsahan Bhatta)” to the petitioner under “Swami Vivekananda Nishakt Swalamban Protsahan Yojna” with immediate effect as the petitioner is a physically disabled person and has not been getting the said benefit since November, 2019.

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2. The learned counsel for the petitioner submits that the State Government in the year 2006, formulated a scheme namely, “Swami Vivekananda Nishakt Swalamban Protsahan Yojna” (hereinafter referred to as “the scheme”), providing that the person with disability will be rendered financial assistance every month for their encouragement. Initially under the said scheme, the financial assistance of Rs. 200/- per month was provided, however, the same was increased to Rs. 1,000/per month last year. The petitioner being a disabled person suffering from “Thalassemia” applied for financial assistance under the said scheme and his application was allowed. He was provided a unique number i.e., JH-S-02074701. The petitioner maintains a bank account in Singhbhum District Central Co-operative Bank Ltd. being Account No. 104920010459 in which he was receiving the financial help under the

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said scheme. However, since November 2019, the respondents have not paid him the said financial help/allowance without disclosing any reason. The petitioner being associated with “Jharkhand Viklang Munch” also ventilated his grievance before the State Disability Commissioner, Jharkhand on which a direction was issued by the said authority vide letter no. 251 dated 23.04.2020 to all concerns for implementing the said scheme during this difficult time being faced due to outbreak of Covid-19 pandemic. In response to the said letter issued by the State Disability Commissioner, the Director, Social Security, Jharkhand, Ranchi issued a letter vide memo no. 180 dated 05.05.2020 directing all the Assistant Directors, District Social Security Cell, Jharkhand to pay the encouragement allowances to the beneficiaries without any delay. Despite the aforesaid directions issued by the said authorities, the petitioner has not yet been paid due allowances under the said scheme.

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3. Mr. Rupesh Singh, the learned GP-V appearing for the State of Jharkhand, submits that it is not clear from the averment made in the writ petition as to why the allowances under the said scheme which was earlier being paid to the petitioner, has been discontinued since November 2019. However, if the petitioner prefers a fresh representation before the respondent no. 2 – the Deputy Commissioner, East Singhbhum, Jamshedpur, an appropriate decision will be taken in this regard.

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4. Having heard the learned counsel for the parties and keeping in view the nature of prayer made in the present writ petition, the petitioner is given liberty to prefer a fresh representation before the respondent no. 2 on the present issue. On receipt of the said representation, the respondent no. 2 shall take an informed decision in this regard, preferably within a period of two weeks from the date of receipt of the representation. If the respondent no. 2 finds that there is no justifiable reason for discontinuance of the allowance which was being paid to the petitioner, the same shall be ordered to be paid along with arrears within a period of one week thereafter.

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5. The writ petition is accordingly disposed of with aforesaid liberty and direction.

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(Rajesh Shankar, J.)

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Manish

Shekh Ahmad Aman v. State of Jharkhand through Secretary Women Child Development and Social Welfare Department

Case brief

What is this about?

What did the court decide?

Shekh Ahmad Aman v. State of Jharkhand through Secretary Women Child Development and Social Welfare Department

Case brief

What is this about?

What did the court decide?

What the court decided

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