Disposed

Vijay Das v. Jharkhand Mineral Area Development Authority Represented through Its Managing Director

Jharkhand HC19 Jan 2023WPC/86/2023

Case brief

AI extract

What is this about?

Petitioner, a retired MADA employee, approached the Court claiming various retiral dues. The Court directed the Respondent to dispose of the representation within 12 weeks and pay admitted dues.

What did the court decide?

Direction to petitioner to file representation; direction to MADA to consider claim and pay admitted dues within 12 weeks.

Vijay Das Vs Jharkhand Mineral Area… — Pension and Retirement Benefits | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.86 of 2023

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Vijay Das, son of Late Maghu Das, resident of Village-Baramuri, P.O-‘B’ Polytechnic, P.S. & District-Dhanbad, Jharkhand … Petitioner

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-versus-

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Jharkhand Mineral Area Development Authority Represented through its Managing Director at Luby Circular Road, P.O, P.S. & Dist.-Dhanbad 2. The Managing Director, Jharkhand Mineral Area Development Authority at Luby Circular Road, P.O, P.S. & Dist.-Dhanbad …

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Respondents

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---CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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For the Petitioner : Mr. Niranjan Singh, Advocate For the Respondents : Mr. Mahavir Prasad Sinha, Advocate

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02/ 19.01.2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

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2. The petitioner, who was an employee of Jharkhand Mineral Area Development Authority (hereinafter to be referred to as ‘MADA’) had superannuated on 30.06.2022. The petitioner has approached this Court claiming for payment of retiral dues such as Provident Fund, Gratuity, Leave Encashment, Group Insurance, arrears of merger of Dearness Allowances, benefits of 5^th and 6^th Pay Revision, benefits of A.C.P., arrear of DA, arrears of interim relief, arrears of area allowance, interest of the provident fund, compound interest on Group Insurance amount, arrears of salary etc., which have been withheld by the respondents, which the petitioner is entitled to receive from MADA.

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3. Counsel for the petitioner submits that suffice it would be if a direction is given to the Managing Director, MADA to decide the claim of the petitioner and to pass an appropriate order on the representation of the petitioner and further respondent-Managing Director, MADA be directed to pay the admitted dues of the petitioner as per the scheme.

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4. Counsel appearing on behalf of MADA has got no objection if a direction is given to the Managing Director, MADA to dispose of the representation of the petitioner and to pay the admitted dues to the petitioner on account of retiral benefits and other admissible dues as per the scheme.

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5. Considering the nature of prayer of the petitioner and in view of the order which I intend to pass, it is not necessary to call for an affidavit in opposition from MADA.

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6. Accordingly, I direct the petitioner to file a detailed representation claiming payment of retiral dues under different heads and other dues relating

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-: 2 :-

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to pay revision and benefits of A.C.P. etc., along with necessary documents, which the petitioner relies in support of his claim, before respondent-Managing Director, MADA along with a copy of this order within six weeks from today. On receipt of such representation, the Managing Director, MADA shall consider the claim of the petitioner for payment of post retiral benefits under different heads and other dues relating to pay revision and benefits of A.C.P. etc. and will pass a reasoned order. If any amount is found payable, the same should be paid to the petitioner thereafter as per the scheme formulated by the MADA for payment of post retiral benefits to the employees. The entire exercise should be concluded within 12 (twelve) weeks from the date of receipt of representation along with a copy of this order. If any portion of the claim of the petitioner is denied or disputed by the respondent(s), the reasons for such denial should be communicated to the petitioner within the said period.

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7. With the aforesaid observation and directions, this writ petition stands disposed of.

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(Ananda Sen, J.)

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Kumar/S.K

Vijay Das v. Jharkhand Mineral Area Development Authority Represented through Its Managing Director

Case brief

What is this about?

What did the court decide?

Vijay Das v. Jharkhand Mineral Area Development Authority Represented through Its Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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