Dismissed

Julius Tigga v. State of Jharkhand through Secretary School Education and Literacy Deptt

Jharkhand HC5 Jan 2023WPC/386/2022

Case brief

AI extract

What is this about?

In W.P.(S) No. 386 of 2022, the High Court of Jharkhand dismissed a writ petition seeking interest on unpaid retirement benefits. The court held that disputed questions of fact regarding delay precluded writ jurisdiction, directing the petitioner to a civil court for the claim.

What did the court decide?

No order passed on the relief sought as facts regarding delay were disputed.

Julius Tigga Vs State of Jharkhand through… — Pension and Retirement Benefits | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 386 of 2022

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Julius Tigga son of Late Baburam Tigga, resident of 146, Saruda Siba Toli, Saruda, Longa, PO PS Basia, District Gumla.

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… Petitioner

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-versus-

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The State of Jharkhand through Secretary, School Education and Literacy Department, State of Jharkhand, Office at M.D.I. Building, Dhurwa, Ranchi.

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Director, Secondary Education Department, State of Jharkhand, Office at M.D.I. Building, Dhurwa, Ranchi.

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Director, Primary Education Department, State of Jharkhand, Office at M.D.I. Building, Dhurwa, Ranchi.

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Regional Deputy Director of Education, South Chotanagpur Division, Kutchery Chowk, Ranchi.

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The Deputy Commissioner, Lohardaga.

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District Education Officer, Lohardaga.

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The Accountant General, State of Jharkhand, Office at North Office Para, Doranda, Ranchi.

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The Withdrawal and Disposal Officer, Office of the Accountant General, State of Jharkhand, Office at North Office Para, Doranda, Ranchi.

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… Respondents

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CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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For the Petitioner : Mr. Neil Abhijit Toppo, Advocate For the Respondents : Mr. Vijayant Verma, AC to AAG IV

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12/ 05.01.2023 Heard learned counsel for the petitioner and learned counsel for

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the respondents.

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2. Counsel for the petitioner submits that all the retirement benefits have been paid, but interest on the same has not yet been paid.

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3. Counsel for the respondents submits that the delay was on the part of the petitioner as because petitioner, after superannuation on 30.06.2015, on several occasions was asked to fill all the necessary forms. Even the officials of the respondents went to the residence of this petitioner, but the petitioner did not cooperate.

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4. Considering the said submission, no order can be passed on the relief sought for by the petitioner in exercising the writ jurisdiction under Article 226 of the Constitution of India, since there is disputed question of fact as to who is responsible for the delay. The fact remains that all the retirement benefits have already been paid. If the petitioner wants to pursue his claim for interest, he may approach appropriate Civil Court.

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5. This writ petition stands dismissed.

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(Ananda Sen, J.)

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Kumar/S.K./Cp-02

Julius Tigga v. State of Jharkhand through Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Julius Tigga v. State of Jharkhand through Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

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