Disposed

Shivadhaar Singh v. the State of Jharkhand

Jharkhand HC8 Jun 2022WPC/1415/2020

Case brief

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What is this about?

The High Court of Jharkhand disposed of a writ petition seeking payment of post-retirement benefits. Instead of ordering immediate payment, the court directed the petitioner to file a representation with the Head Office of the bank and provided timelines for the authority to consider the grievance.

What did the court decide?

Liberty to file a fresh representation; direction to competent authority to consider grievance with hearing and pass order within two months; payment of admissible amount within three months.

Shivadhaar Singh 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. 1415 of 2020

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Shivadhaar Singh, aged about 65 years, son of Late Isaraj Singh, Resident of Khuruhunja, P.O. Khuruhunjam P.S. Baburi, District Chandauli, Uttar Pradesh … … Petitioner

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Versus

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The State of Jharkhand

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The Secretary, Co operative Department Jharkhand, Ranchi At Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi, Jharkhand,

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The Registrar, Co-operative Societies Jharkhand, Ranchi, at Hesak, Ranchi, P.O. Hesak, P.S. Jagarnathpur, District-Ranchi, Jharkhand

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The Chief Executive Officer, Jharkhand State Co-operative Bank Ltd. head Office, Ranchi, At Sahid Chowk, Ranchi, P.O. G.P.O. Ranchi, P.S. Kotwali, District Ranchi, Jharkhand

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The Regional Manager, Jharkhand State Co-operative Bank Ltd. Near, Mahabir Chowk, Jashpur Road, Gumla, P.O. & P.S. Gumla, District-Gumla, Jharkhand

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The Branch Manager, The Gumla-Simdega Central Co-operative Bank Ltd. Bishunpur, Now Jharkhand State Co-operative Bank Ltd. Bishunpur Branch, P.O. and P.S. Bishunpur, District Gumla Jharkhand … … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Mahesh Kumar Sinha, Advocate For the Respondents : Mr. Krishna Murari, Advocate ---

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7 /08.06.2022 Learned counsel for the parties are present.

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

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“ For issuance of direction in the nature of mandamus commanding upon the respondents and directing them to make payment the petitioner’s post retirement benefits i.e. Gratuity & Leave Encashment and Group Insurance amount to the petitioner with interest 18% per annum since the Respondent authority has arbitrarily not paid the said amount to the petitioner till date & also for grant of other consequential benefit for which the petitioner is entitled in accordance with law.”

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3. Learned counsel for the petitioner submits that the petitioner has retired from Gumla-Simdega Central Co-operative Bank Ltd. on 31.01.2014 but till date the post retiral benefits has not been paid to the petitioner. The learned counsel also submits that aforesaid Cooperative Bank has now merged with Jharkhand State Co-operative Bank Limited. He submits that lastly the representation was filed

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before the respondent No. 5 on 21.01.2020 but the grievance of the petitioner has not been redressed so far.

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4. Learned counsel appearing on behalf of the respondent No. 4, 5 and 6 submits that the writ petition can be disposed of by enabling the petitioner to approach the competent authority in the Head Office of the Jharkhand State Co-operative Bank Limited Ranchi who would be the competent authority to redress the grievances of the petitioner in consultation with the respondent No. 5.

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5. Considering the aforesaid submission, this writ petition is disposed of with a liberty to the petitioner to file a fresh representation before the competent authority in the Head Office of the Jharkhand State Co-operative Bank Limited Ranchi along with the copy of this order giving details of his grievance regarding non- payment of postretirement benefits/other dues within a period of one month from today. The petitioner shall also produce a copy of the present writ petition along with the representation.

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6. Upon filing of representation, the competent authority is directed to consider the grievance of the petitioner and pass a reasoned order in accordance with law after granting an opportunity of hearing to the petitioner. The reasoned order should be communicated to the petitioner through speed post at the address which may be provided by the petitioner in the representation itself within a period of two months from the date of the representation. If any amount is found admissible and payable to the petitioner, the concerned authority shall also take steps for remitting the same to the petitioner within a period of three month from the date of the reasoned order.

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7. This writ petition is accordingly disposed of with the aforesaid observation and direction.

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(Anubha Rawat Choudhary, J.)

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Binit

Shivadhaar Singh v. the State of Jharkhand

Case brief

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Shivadhaar Singh v. the State of Jharkhand

Case brief

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