Santosh Kumar Singh Vs the Dhanbad Municipal Corporation through Its Municipal Commissioner

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 1471 of 2023

Santosh Kumar Singh, aged about 62 years, Son of Ram Lakhan Singh, Resident of Gandhi Nagar, P.O. & P.S – Dhanbad, Dist. – Dhanbad … … Petitioner

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Versus

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The Dhanbad Municipal Corporation through its Municipal Commissioner, office at Bank More, P.O. & P.S – Bank More, Dist. – Dhanbad … … Respondent

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. R.C. Sahu, Advocate : Mr. Arun Kr. Gupta, Advocate For the Respondents : Mr. Arpan Mishra, Advocate ---

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07 /10.04.2024 The learned counsels for the parties are present.

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

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“i. For direction upon the respondents to pay Group Insurance, arrear of pension and current pension in accordance with law along with statutory interest to him.

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And/or

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For issuance of any other appropriate Writ(s)/Order(s) / direction(s) as this Hon’ble Court may deem fit and proper under the facts and circumstances of this case.”

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3. The learned counsel for the petitioners submits that the petitioner has superannuated on 30.11.2020, and only in the month of August 2023, the pension has been sanctioned and current pension is being paid, but the arrears of pension has not been paid. He has also submitted that the claim of group insurance amount has also not been settled. The learned counsel submits that the arrears of payment be directed to be released along with some interest and appropriate order be passed in connection with the claim of group insurance.

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4. The learned counsel for the respondent has submitted that since the grievance of the petitioner has been substantially redressed during the pendency of this case, the remaining grievance can be looked into by respondent no. 1 within the stipulated time frame as may be fixed by this Court.

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5. After hearing the learned counsels for the parties and considering the aforesaid facts and circumstances, this Court finds that

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the grievance of the petitioner with regard to fixation of pension and its current payment from August, 2023 appears to have been redressed, but so far as the grievance regarding arrears of pension and amount of group insurance is concerned, the same is required to be looked into by Respondent No. 1. For this purpose, the petitioner is directed to approach the Respondent No. 1 by filing a representation within a period of 15 days from today.

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6. The Respondent No.1 shall consider the surviving grievance of the petitioner by passing a reasoned order and if the arrear of pension has not yet been released in favour of the petitioner in spite of completing all the formalities from the end of the petitioner, the petitioner would be entitled for simple interest at the rate of 6% per annum from the date the petitioner completed all the formalities with regard to payment of pension and the date it became due and payable each month, till the date of payment. The Respondent No.1 shall also consider grievance in connection with group insurance. The reasoned order be passed within a period of three months from the date of filing of the representation and be communicated to the petitioner through speed post.

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7. Appropriate steps be taken so that the admissible amount arising out of the reasoned order with interest as aforesaid is remitted to the petitioner within a period of one-month from the date of the reasoned order.

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8. This writ petition is disposed of with aforesaid observations and directions.

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(Anubha Rawat Choudhary, J.)

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Saurav

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Santosh Kumar Singh v. the Dhanbad Municipal Corporation through Its Municipal Commissioner

Case brief

What is this about?

What did the court decide?

Santosh Kumar Singh v. the Dhanbad Municipal Corporation through Its Municipal Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Coram

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