Disposed¶23

Dinesh Singh v. the State of Jharkhand

Jharkhand HC17 Feb 2024WPC/1489/2022

Case brief

AI extract

What is this about?

Post-retiral dues; work charge establishment service counted for pension and gratuity; Resolution No.128 dated 17.07.2023, Department of Finance, Government of Jharkhand; supplementary counter-affidavit dated 18.12.2023; fixation of pensionary benefits; direction to decide within three months; Article 226 Constitution of India; Rural Works Department Jharkhand; Accountant General; W.P.(S) No.1489 of 2022; Anil Kumar Choudhary, J.; decided 17 February 2024.

What did the court decide?

Direction to the respondents to take a decision on fixation of the petitioner's entire post-retiral dues counting the period he worked in work charge establishment, within three months from the date of receipt/production of the judgment. ¶23

Dinesh Singh Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2024)

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W.P.(S) No.1489 of 2022

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1489 of 2022

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Dinesh Singh, aged about 61 years, son of Late Kewal Singh, resident of Kandu Mohalla, Near Mahila Silai Centre, Post Belwatika, Police Station Medninagar, District Palamau … Petitioner

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Versus

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The State of Jharkhand.

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The Secretary, Rural Works Department, Government of Jharkhand, Ranchi officiating from Nepal House, Post Doranda, Police Station Doranda, District Ranchi;

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The Engineer-In-Chief-cum-Special Secretary, Rural Works Department, Government of Jharkhand, Ranchi officiating from Nepal House, Post Doranda, Police Station Doranda, District Ranchi;.

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The Superintending Engineer, Rural Works Department, Work Circle, Daltonganj officiating from Daltonganj, Post Daltonganj, Police Station Daltonganj, District Palamau;

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The Executive Engineer, Rural Works Department, Work Division, Daltonganj officiating from Daltonganj, Post Daltonganj, Police Station Daltonganj, District Palamau;

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The Accountant General, Jharkhand, Ranchi, officiating from A.G. Office, Doranda, Post Doranda, Police Station Doranda, District Ranchi;

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The Senior Accounts Officer, Accountant General, Jharkhand, Ranchi officiating from A.G. Office, Doranda, Post Doranda, Police … Station Doranda, District Ranchi Respondents

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For the Petitioner : Mr. Samavesh Bhanj Deo, Advocate For the Respondents : Mr. Munna Lal Yadav, SC (L&C)-III Mr. Rahul Dev, AC to SC (L&C)-III Mr. Arvind Kr. Mehta, Advocate (For Accountant General)

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W.P.(S) No.1489 of 2022

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This Writ Petition has been filed under Article 226 of the Constitution of India inter alia with a prayer for issuance of an appropriate writ/rule/direction commanding upon the respondents to immediately and forthwith pay the entire post retiral dues to the petitioner counting the period he worked in the work charge establishment.

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Learned counsel for the respondent Nos.1 to 5 submits that in the paragraphs-11 and 12 of the supplementary counter-affidavit dated 18.12.2023 it is mentioned that the State of Jharkhand vide Resolution No.128 dated 17.07.2023 issued by the Department of Finance, has decided that the entire period of service rendered in work change establishment by an employee taken into regular establishment will be counted for the pension and gratuity.

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In view of this submission made by the learned counsel for the respondent Nos.1 to 5, this Writ Petition is disposed of in terms of the said resolution passed by the respondents and the respondents are directed to take a decision to make the fixation of the entire post-retiral dues of the petitioner counting the period he worked in work charge establishment for such fixation; within three months from the date of receipt/production of this judgment.

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This Writ Petition stands disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 17^th of February, 2024 AFR/ Animesh

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Dinesh Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dinesh Singh v. the State of Jharkhand

Case brief

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