Disposed

Awadh Kishore Mandal v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Jharkhand HC3 Feb 2020WPC/250/2020

Case brief

AI extract

What is this about?

In this writ petition, a retired MADA employee claimed outstanding post-retirement benefits and dues. The Court directed the Managing Director to consider a detailed representation and pay admitted dues according to the scheme within specified timelines, disposing of the petition without adjudicating merits.

What did the court decide?

Direction to file detailed representation for post-retirement benefits; managing director to consider claim and pay admitted dues within stipulated time.

Awadh Kishore Mandal Vs the 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.(S) No. 250 of 2020

Awadh Kishore Mandal

… …. Petitioner

Vs.

The Jharkhand Mineral Area Development Authority through its Managing Director, Dhanbad

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The Managing Director, Jharkhand Mineral Area Development Authority, Dhanbad

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The Accounts Officer, Jharkhand 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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------

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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 rest of the amount of retiral dues such as benefit of ACP w.e.f. 9.08.1999, difference amount of gratuity, difference amount of group insurance, arrears of dearness allowance, difference of provident fund, difference amount of time bound promotion, benefit of 6^th Pay Revision w.e.f. 01.01.2006 till the date of his retirement.

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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 (Annexure-5) 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 rest 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 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

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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 rest of his 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/

Awadh Kishore Mandal v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

Awadh Kishore Mandal v. the Jharkhand 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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