The High Court of Jharkhand directed the petitioner to file a fresh representation before Respondent No. 8 regarding his claims for daily allowance, charge allowance, and earned leave, with a commitment to process it per rules and regulations.
Liberty granted to the petitioner to file a fresh representation before Respondent No. 8.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1631 of 2009
Gandauri Ram Agrwal ..… Petitioner
Versus
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner : Mr. Saurabh Shekhar, Advocate For the Respondents : Mr. A.K.Das, Advocate
07/Dated: 17th February, 2021
Heard learned counsel for the parties through V.C.
2. The instant writ application has been preferred by
the petitioner praying for following reliefs;
(i) For the issuance of an appropriate writ order direction commanding upon the respondents to forthwith release the amount due to the petitioner against daily allowance/charge allowance in view of the rule of the respondents along with interest or in alternative if daily allowance will not be released then charge allowance may be directed to be released in favor of petitioner from the period from November, 1999 to October, 2000.
(ii) For the issuance of an appropriate writ order direction to release the payment of earned leave of
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suspended period i.e. from 27.03.1998 to May, 1999. (iii) For the issuance of an appropriate writ order direction for quashing the order dated 11.12.2007. By which the claim of the petitioner for payment of daily allowance and charge allowance has been rejected.
And/or
Pass such other order as may deem fit and proper for doing conscionable justice to the petitioner.
3. Mr. Saurav Shekhar, learned counsel for the petitioner draws attention of this Court towards para 14 of the counter-affidavit wherein it has been stated that the petitioner may submit a representation before the appropriate authority with regard to entitlement of leave and the same will be disposed of. He fairly submits that since the matter is very old, as such the petitioner may be granted liberty to file a fresh representation raising his claim before the respondent no.8 so that his claim/representation may be disposed of.
4. Mr. A.K.Das, learned counsel for the respondents fairly submits that if any representation will be filed; same shall be disposed of in accordance with prevalent rules and regulations.
5. In view of the aforesaid facts and limited submissions of learned counsel for the rival parties the instant writ application is, hereby, disposed of by giving liberty to the petitioner to file a fresh representation before the respondent no.8 along with all necessary documents.
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If any such representation is filed before the respondent no. 8; same shall be disposed of after verifying relevant records of the case and a reasoned and speaking order shall be passed in accordance with law, rules and regulations applicable at that time.
If any amount would be found payable, the same shall be paid within the aforesaid stipulated period.
6. With the aforesaid observations the instant writ application stands disposed of.
Amardeep/
1 issue framed by the court
Whether the petitioner can be granted liberty to file a fresh representation regarding pending claims for daily allowance, charge allowance, and earned leave.
Gandauri Ram Agrwal
Central Coal Field Limited and others
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court