Disposed

Rukmini Devi v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Jharkhand HC10 Feb 2020WPC/337/2020

Case brief

AI extract

What is this about?

The petitioner, widow of a deceased MADA employee, claimed death cum retirement dues. The Court directed the Managing Director to consider the claim and pay admitted dues within a specified timeframe, without examining the merits of the case.

What did the court decide?

Direction to Managing Director to consider claim and pay admitted dues within six weeks.

Rukmini Devi Vs the Jharkhand 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. 337 of 2020

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Rukmini Devi … ... Petitioner

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Versus

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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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Account Officer, Jharkhand Mineral Area Development … … Authority, Dhanbad Respondents

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

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

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Order No.02: Dated: 10^th February, 2020

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Per Dr. S.N. Pathak, J.:

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The petitioner, is the wife of the employee of Jharkhand Mineral Area Development Authority (hereinafter to be referred as MADA) who died in harness on 01.09.2013. The petitioner has approached this Court for claiming death cum retiral dues of her deceased husband, as mentioned in prayer portion of the writ petition, which the petitioner is entitled to receive from MADA.

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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 i.e. death cum retiral dues to the petitioner on account of death of her husband, 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 her death cum retiral dues under different heads before respondent No.2Managing 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 death cum retiral dues to the petitioner and will pass a reasoned order, within a further period of six weeks’. If any amount is found payable, the said amount would be paid to the petitioner, within a period of two weeks’ thereafter as per the scheme.

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If any portion of the claim of the petitioner is denied or disputed by the respondents, the reasons for such denial, should be communicated to the petitioner within the said period. 6. With the aforesaid observation and direction, writ petition stands disposed of.

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(Dr. S.N. Pathak, J.)

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Rukmini Devi v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

Rukmini Devi 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

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