Disposed

Ginni Paswan v. the State of Jharkhand

Jharkhand HC8 Jun 2022WPC/1157/2020

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition filed by a retired employee seeking gratuity, insurance, CPF, leave encashment, and salary arrears, holding that the matter requires administrative review before refund.

What did the court decide?

The Court disposed of the petition, granting liberty to file a representation to the Managing Director of BHALCO within three months after which appropriate steps will be taken to determine dues.

Ginni Paswan Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 1157 of 2020

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Ginni Paswan son of Late Chulhai Paswan aged about 62 years, Resident of Village-Bhagwanpur, P.O. Kurhuni, P.S. Kurhuni, District- Muzaffarpur, Bihar, 844120 … … Petitioner

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Versus

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The State of Jharkhand

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The State of Bihar represented through Managing Director Bihar Hill Area, Lift Irrigation Corporation Limited, BHALCO, Daroga Prasad Ray Path, Patna, P.O. G.P.O. P.S. Patna, Bihar-800001

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The Principal Secretary, Water Resources Department, Government of Jharkhand, Ranchi, P.O. and P.S. Doranda, district Ranchi, Jharkhand

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The Chief Engineer, Minor Irrigation Abhiyatran Bhawan, P.O. and P.S. Doranda, District-Ranchi, Jharkhand

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… … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : None For the BHALCO : Mr. Diwakar Upadhyay, Advocate : Mr. Binit Chandra, Advocate For the State : Mr. Sharad Kaushal, Advocate ---

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7 /08.06.2022 Nobody appears on behalf of the petitioner.

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2. Learned counsel for the respondent No. 2 is present.

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3. Learned counsel for the State of Jharkhand, respondent Nos.

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1,3, and 4 is also present.

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4. This writ petition has been filed for the following reliefs:

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“For issuance of direction commanding upon the respondents to issue No Demand/No Dues Certificate and to immediately and forthwith fix pension and release the entire retiral dues of the petitioner which are as under:-

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(a) The entire Gratuity Amount

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(b) The entire Group Insurance Scheme Amount.

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(c) The Entire Central Provident Fund C.P.F. Amount

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(d) The Leave Encashment (300 days)

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(e) Arrears of difference in salary payable to the petitioner under 6^th pay revision and 7^th pay revision with cumulative effect from 1^st January 2006 and 1^st January 2016.

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All the aforesaid amounts alongwith statutory and penal interest to be calculated from the date of retirement of the petitioner i.e. 31.07.2018 till the date of actual payment.”

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5. Learned counsel for the respondents have submitted that the petitioner has filed his representation for post retiral benefits before the respondent No. 3 and the same was forwarded to Managing

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Director of BHALCO (respondent No. 2) and thereafter the petitioner has also represented before BHALCO on 20.12.2019 but it appears from the writ records that no final decision has been taken. The learned counsel submits that the matter may be remitted to the respondent No. 2 so that the grievance of the petitioner is redressed. 6. Considering the aforesaid submissions, this writ petition is disposed of with a liberty to the petitioner to approach the Managing Director, BHALCO (respondent No. 2), within a period of three months from today along with a copy of this order and copy of the writ petition by filing a representation giving the details of his claim. Upon filing of such representation by the petitioner, the Managing Director of BHALCO shall look into the grievance of the petitioner and pass appropriate speaking order in accordance with law after giving an opportunity of hearing to the petitioner. The reasoned order should be communicated to the petitioner at the address to be provided by the petitioner in his representation through speed post. If any amount is found payable to the petitioner pursuant to the reasoned order appropriate steps be taken by the respondent No. 2 within a period of two months from the date of reasoned order so that the admissible amount be also paid to the petitioner at the earliest.

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7. This writ petition is accordingly disposed of.

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(Anubha Rawat Choudhary, J.)

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Binit

Ginni Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ginni Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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