Disposed

MD Jahid Hussain v. Jharkhand Mineral Area Development Authority through Its Managing Director

Jharkhand HC23 Jan 2020WPC/47/2020

Case brief

AI extract

What is this about?

The High Court, in a writ petition, directed the Managing Director of the respondent authority to decide the petitioner's claim for post-retiral benefits and pay admitted dues within specified timelines, disposing of the petition without adjudicating on merits.

What did the court decide?

Direction to file detailed representation; direction to authority to decide claim and pay admitted dues within prescribed timelines.

MD Jahid Hussain Vs 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. 47 of 2020

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Md. Jahid Hussain … …. Petitioner

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Vs.

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Jharkhand Mineral Area Development Authority through its Managing Director, Dhanbad

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The Secretary, Jharkhand Mineral Area Development Authority, Dhanbad.

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The Chief Medical 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. Tarun Kumar No. 1, Advocate derogation For Respondents : Mr. Mahavir Pd Sinha, Advocate

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------

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03/ 23.01.2020 The petitioner, who was an employee of Jharkhand Mineral Area Development Authority (hereinafter to be referred as MADA) has superannuated on 31.10.2018. The petitioner has approached this Court claiming his post retiral benefits, 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 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 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 before 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

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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.

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

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

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RC (k)/

MD Jahid Hussain v. Jharkhand Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

MD Jahid Hussain v. Jharkhand Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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