Disposed

Darogi Singh v. Chief Secretory

Jharkhand HC1 Feb 2023WPC/5189/2013

Case brief

AI extract

What is this about?

The High Court treated the writ petition as a representation regarding pension fixation. It directed the Deputy Commissioner to consider the case and pass a reasoned order within six weeks if the benefits are due, or reject it within two weeks if not.

What did the court decide?

Directed respondent No. 2 to consider the petitioner's case and pass a speaking order regarding pension benefits within six weeks.

Darogi Singh Vs Chief Secretory — Pension and Retirement Benefits | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5189 of 2013

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Darogi Singh

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…. …. Petitioner

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Versus

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The State of Jharkhand through the Chief Secretary, Ranchi.

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Deputy Commissioner, Ranchi.

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Treasury Officer, Ranchi.

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Accountant General (A&E), Jharkhand, Ranchi.

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…. … Respondents

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CORAM : HON’BLE DR. JUSTICE S.N. PATHAK

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-----For the Petitioner : Mr. Ashim Kumar Sahani, Advocate For the Respondents : Mr. Manish Mishra, GP-V For the Respondent No. 4 : Mr. Sudarshan Srivastava, Advocate -----

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6/ 01.02.2023 Heard the parties.

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The petitioner has approached this Court with a prayer for a direction upon the respondents to fix pension in the pay scale of Rs. 5000-8000, pursuant to promotion order dated 23.10.2001 (Annexure-2) and other consequential benefits.

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At the very outset, learned counsel appearing for the petitioner submits that suffice it would be if the present writ petition be treated as a representation of the petitioner and a direction be given to the respondents to pass a reasoned order, on the representation of the petitioner, regarding pensionery benefits, in accordance with law, within stipulated time.

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Per contra, counter-affidavit has been filed. However, learned counsel appearing on behalf of the respondents does not object to the submission made by the learned counsel for the petitioner.

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In view of the submissions made by the learned counsel for the parties and without entering into the merits of the case, let the present writ petition be treated as a representation of the petitioner. The petitioner is directed to approach the respondents with a copy of the writ petition including its annexures as well as counter affidavit filed by the respondent-State as well as respondent No.5, along with representation and a copy of this order and with any other documents on which he is relying upon, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent No. 2 (Deputy Commissioner, Ranchi) is directed to consider the case of the

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petitioner and pass a speaking order assigning valid and concrete reason for consideration / non-consideration of the case of the petitioner, in accordance with law, within a period of six weeks thereafter.

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Needless to say that if the petitioner is found entitled for the benefits, as prayed for in the writ petition, same be extended to him within a further period of three weeks in accordance with law. If the case of petitioner is turned down for one or other reasons, the same shall be communicated to him, within a further period of two weeks.

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With the aforesaid directions, this writ petition stands

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disposed of.

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R.Kr.

Darogi Singh v. Chief Secretory

Case brief

What is this about?

What did the court decide?

Darogi Singh v. Chief Secretory

Case brief

What is this about?

What did the court decide?

What the court decided

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