Disposed

Dr Bijendra Kumar v. the State of Jharkhand

Jharkhand HC12 Feb 2020WPC/315/2020

Case brief

AI extract

What is this about?

Petitioners, doctors in Jharkhand, sought direction to continue service till age 65 based on a 2011 resolution and prior High Court orders. The Court noted inaction by respondents and disposed of the petition with a direction to decide pending representations in accordance with earlier precedents.

What did the court decide?

Direction to respondent authorities to decide pending representations and extend benefit as per prior orders if petitioners are entitled.

Dr Bijendra Kumar Vs the 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. (S) No. 315 of 2020

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Dr. Bijendra Kumar.

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Dr. Vijay Shankar Singh. … …Petitioners

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-Versus-

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The State of Jharkhand.

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The Principal Secretary, Agriculture, Animal Husbandry and Co-operative Department, Govt. of Jharkhand, Ranchi, officiating From Nepal House, Post Doranda, Police Station, Doranda, District-Ranchi.

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The Secretary, Department of Planning cum Finance, Govt. of Jharkhand, Ranchi, officiating from Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, Dist. Ranchi.

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The Secretary, Health, Medical Education and Family Welfare Department, Govt. of Jharkhand, Ranchi, officiating from Nepal House, Post Doranda, Police Station Doranda, Dist. Ranchi.

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The Principal Secretary, Department of Personnel & Administrative Reforms and Rajbhasa, Govt. of Jharkhand, Ranchi, officiating from Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, Dist. Ranchi. … …Respondents

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CORAM: THE HON’BLE MR. JUSTICE DR. S.N.PATHAK

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For the Petitioners :Mrs. Ritu Kumar, Advocate. For the Respondents :Mrs. Aanya, A.C. to G.P. IV. ------------

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03/ 12.02.2020 The petitioners have approached this Court with a prayer for direction

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upon the respondents to allow them to continue in service till they attain the age of 65 years in view of Resolution No.7A/ Sta-8-05/2998-283 (7A) dated 23.7.2011 issued by the Health, Medical Education and Family Welfare Department, Govt. of Jharkhand, Ranchi and also in view of Resolution No.283 (7A) dated 23.7.2011 whereby benefit of age enhancement has been extended to the Health Services Cadre (Allopathic Doctors), Dentists and Health Education Cadre working under the Health Services of Government of Jharkhand enhancing their age of superannuation from 60 to 65 years and for direction to

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the respondents to allow the petitioners to discharge their duties till they attain the age of 65 years with all consequential benefits.

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At the very outset, it has been submitted by the learned Counsel for the petitioners that similar issue has already been set at rest by this Court vide order dated 09.08.2018 passed in W.P.(S) No. 5320/2017 as also on 12.12.2018 in W.P.(S) No. 5294 of 2018 and prays for disposal of instant writ petition in terms orders passed in the aforesaid cases.

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It appears from the orders that more than a year has lapsed but the respondents have not passed any order on the representation of the petitioners. Since case of the petitioners also stands on similar footing to that of aforesaid writ petitions, let a decision be taken by the respondent- authorities on pending representations of the petitioner taking into account the orders passed in the aforesaid writ petitions.

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Needless to say that if the petitioners are found entitled for the claimed benefits, the same shall be extend to them in terms of the aforesaid writ petitions. Accordingly, this writ petition stands disposed of with the aforesaid observation and direction.

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P.K.S.

Dr Bijendra Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Bijendra Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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