Disposed

Samiruddin Ansari v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Jharkhand HC20 Oct 2021WPC/1726/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking death-cum-retiral dues and other benefits for the petitioner's deceased father. The court directed the petitioner to file a detailed representation claiming benefits within six weeks. The Managing Director was directed to consider the claim and pass a reasoned order within another six weeks, paying any admitted dues within two weeks thereafter.

What did the court decide?

Direction to petitioner to file detailed representation; direction to Managing Director to consider claim and pass reasoned order within six weeks and pay admitted dues within two weeks.

Samiruddin Ansari Vs the Jharkhand Mineral… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 1726 of 2021

Samiruddin Ansari

… …. Petitioner

-Versus-

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

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

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

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The Accountants Officer, Jharkhand Mineral Area Development Authority, having its office at Dhanbad, P.O. & P.S. Dhanbad, Dist. Dhanbad.

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… ….. Respondents

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

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(Through: Video Conferencing)

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

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------

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04/ 20.10.2021 The father of petitioner, who was an employee of Jharkhand Mineral Area Development Authority (hereinafter to be referred as MADA) has died in harness on 15.02.2015. The petitioner has approached this Court claiming the amount of death-cumretiral dues and other 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 death of her father 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

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representation claiming the death-cum-retiral benefits as also other 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 death-cum-retiral benefits and other benefits to the dependents of 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 observation and direction, writ petition stands disposed of.

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RC/ k

Samiruddin Ansari v. the Jharkhand Mineral Area Development Authority through Its Managing Director

Case brief

What is this about?

What did the court decide?

Samiruddin Ansari 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

Parties & counsel

Coram

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