Disposed

Vanshi Hadi v. the Jh Mineral Area Development Authority through Its Managing Director

Jharkhand HC13 Feb 2020WPC/484/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by a retired employee seeking various post-retiral benefits. Instead of deciding on the merits, the court directed the Managing Director to first consider a detailed representation from the petitioner regarding his claims before passing a reasoned order on payment.

What did the court decide?

Directed the petitioner to file a representation within six weeks; directed the Managing Director to consider the claim within six weeks and pay admitted dues within two weeks; denied any money is fou

Vanshi Hadi Vs the Jh 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. 484 of 2020

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Vanshi Hadi. … …Petitioner -Versus-

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The Jh-Mineral Area Development Authority, through its Managing Director, having its office at Dhanbad, P.O. & P.S. and Dist. Dhanbad.

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The Managing Director, Jh-Mineral Area Development Authority, having its office at Dhanbad, P.O. & P.S. and Dist. Dhanbad.

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The Secretary, Jh-Mineral Area Development Authority, having its office at Dhanbad, P.O. & P.S. and Dist. Dhanbad.

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Account Officer, Jh-Mineral Area Development Authority, having its Office at Dhanbad, P.O. & P.S. and Dist. 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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03/ 13.02.2020 Heard the parties.

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The petitioner who was an employee of Jharkhand Mineral Area Development Authority (hereinafter referred to as MADA) has superannuated on 30.06.2019. The petitioner has approached this Court claiming Provident Fund with Contributory benefits, Gratuity, Leave Encashment, Group Insurance, difference of dearness allowances, benefits of 6^th pay revision w.e.f. 01.01.2006, benefits of ACP as well as any other legitimate dues to which the petitioner is entitled along with cost of litigation and 12% interest upon the due amount from 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 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 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 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 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 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 directions and observations, the writ petition stands disposed of.

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P.K.S.

Vanshi Hadi v. the Jh Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

Vanshi Hadi v. the Jh 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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Issues for consideration

Parties & counsel

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