Disposed

Prakash Turi v. the Jh Mineral Area Development Authority through Its Managing Director

Jharkhand HC3 Feb 2020WPC/248/2020

Case brief

AI extract

What is this about?

In a single bench disposal, the Court directed the petitioner to submit a detailed claim for post-retiral benefits to the Managing Director, MADA. The Director was ordered to consider the claim and pass a reasoned order within six weeks, with payment due within two weeks thereafter if applicable.

What did the court decide?

Petitioner directed to file detailed representation for post-retiral benefits; Managing Director directed to consider claim, pass reasoned order in 6 weeks, and pay dues in 2 weeks if admissible.

Prakash Turi Vs the Jh Mineral Area… — 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.(S) No. 248 of 2020

Prakash Turi

… …. Petitioner

Vs.

The Jh- Mineral Area Development Authority through its Managing Director, Dhanbad

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The Managing Director, Jh-Mineral Area Development Authority, Dhanbad

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The Secretary, Jh-Mineral Area Development Authority, Dhanbad

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Account Officer, Jh-Mineral Area Development Authority, Dhanbad

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…. .. Respondents

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CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK

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For Petitioner : Mr. Someshwar Roy, Advocate For Respondents : Mr. Mahavir Pd Sinha, Advocate ------

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02/ 03.02.2020 The petitioner, a retired employee of Jharkhand Mineral Area Development Authority (hereinafter to be referred as MADA) has approached this Court for a direction upon the respondents to pay the petitioner the amount of retiral dues such as Provident Fund with Contributory benefits, Gratuity, Leave Encashment, Group Insurance, Difference of dearness allowances, benefits of 6^th Pay Revision w.e.f. 01.01.2006 and benefit of ACP as well as other legitimate dues to which the petitioner is entitled along with a cost of litigation and 12 % interest upon the due amount from the date of his retirement i.e. on 30.06.2019 till the date of payment.

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Learned counsel for the petitioner submits that suffice it would be if a direction is given to the Managing Director, 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 Managing Director, MADA be directed to pay the admitted dues of the petitioner as per the scheme.

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On the other hand, learned counsel appearing on behalf of the MADA has no objection, if a direction is given to the Managing Director, MADA to dispose of the representation of the petitioner and to pay the admitted dues to the petitioner on account of his post retiral benefits and other admissible dues as per the scheme.

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Be that as it may, having gone through the submissions of the parties and without going into the merits of this case, I hereby direct the petitioner to file a detailed representation claiming his post retiral benefits under different heads and

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other dues before respondent No.2- Managing Director, MADA along with a copy of this order within a period of six weeks from the date of receipt of a copy of this order. On receipt of such representation, the Managing Director, MADA shall consider the claim of the petitioner in terms of the scheme formulated by the MADA for payment of post retiral benefits to the employees and will pass a reasoned order, within a further period of six weeks’.

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Needless to say that, if any amount is found payable as per the scheme, the said amount would be paid to the petitioner, within a period of two weeks’ thereafter.

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

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punit/

Prakash Turi v. the Jh Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

Prakash Turi v. the Jh Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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