Disposed

Gopal Raut v. State of Jharkhand And Ors.

Jharkhand HC5 Feb 2021WPC/404/2009

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought compassionate appointment and death-cum-retiral benefits following his father's death as a municipal employee. The court disposed of the application by granting liberty to file a fresh representation within three months to claim applicable monetary benefits and compensation.

What did the court decide?

Liberty granted to the petitioner to file a fresh representation within three months before respondent no.2 for monetary benefits and compensation.

Gopal Raut Vs State of Jharkhand And Ors. — 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.404 of 2009

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Gopal Raut … … Petitioner

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Versus

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The State of Jharkhand.

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Chairman Deoghar Municipal Corporation, Deoghar.

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Special Officer, Deoghar, Municipal Corporation, Deoghar.

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Deputy Commissioner, Deoghar.… … Respondents

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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. Rajesh Kumar Mahtha, Adv. For the Respondent : Mr. Vijay Shankar Jha, Adv.

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09/05.02.2021

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Heard learned counsel for the parties through

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V.C.

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2. The instant writ application has been preferred by the petitioner praying therein for a direction upon the respondent authorities to consider the case of the petitioner for compassionate appointment in place of his father; who died while working as Class-IV employee in Deoghar Municipal Corporation and also to pay the death-cumretiral benefits along with statutory interest which has not been paid.

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3. Mr. Rajesh Kumar Mahtha, learned counsel for the petitioner submits that the petitioner’s father died on 12.01.1996 and immediately thereafter, the petitioner filed an application on 27.01.1996 for his appointment on the

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compassionate ground. Thereafter, on demand of succession certificate; he produced the same on 12.09.2002 and after 10 years his case has been dismissed on 28.11.2005 on the ground that he is only 8th pass, however, the Respondents never informed him at the time of asking of the succession certificate.

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However, the petitioner fairly submits that now he is over age and as such; he may be granted liberty to approach the concerned respondent for payment of any death-cum-retiral benefit laying in the account of the deceased employee.

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4. Learned counsel for the respondent does not have any objection.

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5. Having regard to the facts of the case and the limited submission of the learned counsel for the petitioner; the instant writ application is, hereby, disposed of by giving liberty to the petitioner to file fresh representation within a period of three months before the respondent no.2 regarding the monetary benefits and/or compensation due to the death of deceased employee. If any such representation is filed before the respondent no.2; the same shall be considered and necessary order shall be passed after due verification, and if any amount is found payable; the same shall be paid within a further period of two months along with statutory interest.

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6. It goes without saying that if there is any provision of compensation in lieu of appointment then the

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same shall be considered in the background that the ground of rejection for compassionate appointment is that the petitioner was 8^th pass, however, the same was not informed to the petitioner when he was asked to produced succession certificate because admittedly; petitioner incurred time and money in procuring succession certificate.

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7. With the aforesaid terms the instant writ application stands disposed of.

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(Deepak Roshan, J.)

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Fahim /-

Gopal Raut v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Gopal Raut v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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