Disposed

Ram Nath Lall v. State of Jharkhand And Ors.

Jharkhand HC4 Sept 2020WPC/6431/2011

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking quashing of suspension orders and fixation of pension. It directed the petitioner to submit a fresh representation for gratuity payment within three months, with a directive for response and payment within four months.

What did the court decide?

Directed petitioner to file fresh representation for gratuity within 3 months. Direction to respondent no.5 to pay gratuity with interest within 4 months of receipt if favorable.

Ram Nath Lall Vs State of Jharkhand And Ors. — Pension and Retirement Benefits | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6431 of 2011

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Ram Nath Lall ..… Petitioner

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Versus

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1.The State of Jharkhand 2.The State of Bihar 3.The Deputy Secretary, State of Bihar, Secretariat, Patna 4.The Accountant General (A & E), Jharkhand, Ranchi 5.The Deputy Commissioner, Palamau 6.The S.D.O.(Sub Divisional Officer), Palamau 7.The Secretary, Rural Development, Project Building, Dhurwa, Ranchi 8.The Chief Engineer, Gramin Vikash Special Division, Daltonganj, Palamau 9.The Superintendent Engineer, Gramin Vikash, Special Division, Daltonganj, Palamau 10.The Executive Engineer, Gramin Vikash, Special Division, Daltonganj, Palamau. ..... Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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--------For the Petitioner : Mr. Diwakar Upadhyay, Advocate For the Respondents : Mr. Shubham Mishra, Advocate ---------

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14/ 04.09.2020 Heard through V.C.

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2. The instant application has been preferred by the petitioner for quashing of the order as contained in Memo No.10020 dated 04.12.2000 (Annexure-3) passed by the respondents, whereby the petitioner was suspended and also for fixation of pension of the petitioner including the payment of other retiral dues.

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3. Learned counsel for the petitioner draws attention of this Court towards para-17 of the counter affidavit, wherein it has been stated that the suspension of the petitioner was revoked w.e.f. 28.02.2001 itself, the date when the petitioner superannuated from his service and a decision was taken that the other retiral dues will be paid after finalization of criminal proceeding.

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4. Learned counsel for the petitioner fairly submits that he has received the entire post retirement benefits except the amount of gratuity. As such, the respondent may be directed to pay the amount of gratuity along with the statutory interest thereon.

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5. Learned counsel for the respondents-State submits that the petitioner may be directed to file a fresh representation before the respondent No.5.

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6. Having heard the learned counsel for the parties and after going through the averments made in the counter affidavit, it appears that the suspension has already been revoked way back in the year 2001 and it was decided that the other retiral benefit shall be given after the decision of criminal proceeding. Learned counsel for the petitioner has fairly admitted that he has received entire benefits except the amount of gratuity. In this regard, I, hereby, direct the petitioner to file a fresh representation with regard to payment of gratuity before the respondent No.5 within a period of 3 months from today. If any such representation is filed, the respondent No.5 shall ensure that the amount of gratuity shall be paid to the petitioner along with statutory interest, if not paid till date, within a period of 4 months from the date of receipt of such representation. Any adverse order, if passed, shall be communicated to the petitioner.

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7. With the aforesaid direction, the instant application is disposed of.

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(Deepak Roshan, J.)

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Pramanik/

Ram Nath Lall v. State of Jharkhand And Ors.

Case brief

What is this about?

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Ram Nath Lall v. State of Jharkhand And Ors.

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