Bihari Yadav Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Bihari Yadav Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions to respondent No.4 (Registrar, Binod Bihar Mahto Koyalanchal University, Dhanbad) to dispose of the petitioner's representation in accordance with rules within four weeks from receipt of the order, and to communicate the decision to the petitioner within two weeks thereafter; pending I.A., if any, also stands disposed of. The court did not adjudicate pension entitlement on merits.

Issue for consideration

Whether the petitioner, who retired as 'Mali' from B.S.K. College Maithan after about 40 years of service, is entitled to full pension and other retiral benefits as per the recommendation of the 6th Pay Commission and the applicable rules, pursuant to his representation pending before respondent No.4.

Court's answer

In view of the assurance given by learned counsel for the respondents, the writ application is disposed of with a direction to respondent No.4 (Registrar, Binod Bihar Mahto Koyalanchal University, Dhanbad) to dispose of the petitioner's representation in accordance with rules within four weeks from the date of receipt of the order.

Ratio / Principle

The decision on the representation is further directed to be communicated to the petitioner within two weeks after the decision is taken.

Detailed headnote1 paragraphs

Pension / Service law (Jharkhand HC, Ambuj Nath, J.) — Petitioner, retired 'Mali' of B.S.K. College Maithan after about 40 years' service, sought direction for full pension and retiral benefits claiming non-payment as per 6th Pay Commission recommendation; representation pending before respondent No.4, Registrar, Binod Bihar Mahto Koyalanchal University, Dhanbad. On the assurance of respondents' counsel, writ disposed of with direction to decide the representation in accordance with rules within four weeks of receipt of the order and to communicate the decision to the petitioner within two weeks thereafter; entitlement left undecided on merits. Pending I.A., if any, disposed of.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 3073 of 2024

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Bihari Yadav, aged 61 years, S/o Late Lakshmi Yadav, resident of B.S.K. College, Maithan, Kamaliya Maithan Dam, P.O Maithan Dam, P.S Chirkunda, District Dhanbad, Jharkhand. …... …. Petitioner(s)

Versus

The State of Jharkhand

Binoba Bhave University, Hazaribagh, represented through its Vice Chancellor, P.O & P.S Hazaribagh, District Hazaribagh.

The Registrar, Vinoba Bhave University, P.O & P.S Hazaribagh, District Hazaribagh.

The Registrar, Binod Bihar Mahto Koyalanchal University, Dhanbad, Luby Circular Road, P.O & P.S Dhanbad, District Dhanbad.

Principal, B.S.K. College Maithan, P.O Maithan, P.S Chirkunda, District Dhanbad.

The Director, Higher Education Human Resources, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi.

.…. …. Respondent(s)

CORAM: HON’BLE MR. JUSTICE AMBUJ NATH

For the Petitioner(s) : Mr. Shankar Singh, Advocate For the Respondent(s) : Mr. Atul Rai, A.C. to Mr. A. K. Mehta, Advocate

04/ Dated 03.09.2024

Petitioner has filed this writ application for issuing direction upon the respondents to pay him full pension and payment of other retiral benefits.

The petitioner retired from the post of ‘Mali’ from B.S.K. College Maithan after rendering services for about 40 years.

It is the case of the petitioner that he was working against the regular post. According to the petitioner, he is not getting pension as per the recommendation of 6^th Pay Commission and he has made representation before respondent No.4 the Registrar, Binod Bihar Mahto Koyalanchal University, Dhanbad, for granting him full pension as per the rules.

Mr. Atul Rai, learned A.C. to Mr. A. K. Mehta, appearing on behalf of respondents assured that the decision on the representation of the petitioner shall be taken by the respondent No.4 the Registrar, Binod Bihar Mahto Koyalanchal University, Dhanbad within six weeks from the date of receipt of this order.

In view of assurance given by the learned counsel appearing for the respondents, this writ application is disposed of with the directions to the

respondent No.4 to dispose of the representation of the petitioner in accordance with rules within four weeks from the date of receipt of this order with further communication to the petitioner within two weeks after the decision is taken.

This writ application is accordingly, disposed of with the directions as aforesaid.

Pending I.A, if any, also stands disposed of.

(Ambuj Nath, J.)

BS/-