Disposed

Gauri Shankar Prasad v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Jharkhand HC3 Feb 2020WPC/254/2020

Case brief

AI extract

What is this about?

In this writ petition, a retired employee sought directions for payment of remaining post-retiral dues. The court directed the Managing Director to accept a detailed representation and determine payable amounts under the relevant scheme within specified timelines.

What did the court decide?

Petitioner directed to file detailed representation on post-retiral benefits within six weeks; Managing Director to service claim and decide within six weeks; pay admitted dues within two weeks.

Gauri Shankar Prasad 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. 254 of 2020

Gauri Shankar Prasad

… …. 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 …. .. 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 rest amount of retiral dues such as benefit of ACP, difference amount of gratuity, difference amount of group insurance, arrears of dearness allowance, difference of provident fund amount, difference amount of time bound promotion, benefit of 6^th pay revision w.e.f. 01.01.2006 till the date of his retirement along with interest on the said amount .

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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 rest amount of post retiral benefits under different heads and other dues before respondent No.2- Managing Director, MADA

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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 his rest amount 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/

Gauri Shankar Prasad v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

Gauri Shankar Prasad 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

Statutes considered

Parties & counsel

Coram

Case details

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