Writ petition seeking revised pensionary benefits from February 2007 on superannuation treated as 31.01.2007. Respondents stated pension was revised and arrears of Rs. 4,81,464 were being transferred to the petitioner's account; the petitioner did not dispute this and did not wish to proceed further.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3700 of 2023
Jagdish Singh, aged about 76 years, Son of Late Gita Singh, Resident of village Sikandarpur, P.O. Rajoura, P.S. Muffasil, District Begusarai, State Bihar
Versus
… … Respondents
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. Rama Kant Tiwari, Advocate For the Respondents : Mr. Prashant Kumar Singh, Advocate For the BCCL : Mr. Amit Kumar Sinha, Advocate ---
07/24th April 2024
1. Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs: -
“for issuance of an appropriate writ (s), order(s), direction (s) to the respondent authorities particularly the respondent no. 06 and 07 to pay revised pensionary benefit amount to the petitioner from the month of February 2007, treating the petitioner has superannuated on 31.01.2007.
And/Or
The petitioner also prays for issuance of an appropriate writ or writs, order or orders, direction or directions to the respondent authorities particularly the respondents no. 06 and 07 to deduct and adjust the amount of pension from the revised pension amount of the petitioner. The petitioner is already getting the amount of pension from the month of
1
November, 1999 at the rate of Rs. 1178/- per month, as the monthly pension was calculated treating the petitioner's retirement on 13.11.1999.
And/Or
The petitioner further prays for issuance of an other appropriate writ (s), order (s), direction (s) for which the petitioner be found entitled to.”
3. Learned counsel for the respondents has submitted that all the grievance
of the petitioner has been redressed and it has been stated so in the counteraffidavit. Paragraph Nos. 8 and 9 of the counter-affidavit dated 04.03.2024 is quoted as under: -
“ 8. That it is humbly submitted that answering respondents have revised the pension of the petitioner from the month of February 2007, treating the petitioner has superannuated on 31.01.2007 and issued the revised Pension Payment Order (PPO) on 16-02-2024.
9. That it is humbly submitted that answering respondents have also calculated the arrear as per revised pension and arrear payable after deducting the pension already paid to the petitioner (8,23,752 – 342288 = Rs. 4,81,464) and instruction is being issued to the bank to transfer Rs. 4,81,464=00 in the account of the petitioner.”
4. Learned counsel for the petitioner does not dispute the statements made
in the counter-affidavit and accordingly he submits that he does not want to proceed further in the present writ proceedings.
5. In view of the aforesaid submissions , this writ petition is disposed of as such.
6. Pending I.A., if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
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1 issue framed by the court
Whether the petitioner was entitled to revised pensionary benefits treating his superannuation as 31.01.2007 instead of 13.11.1999.
Jagdish Singh
The M/s Bharat Coking Coal Limited, Dhanbad
The Chairman-cum-Managing Director, M/s Bharat Coking Coal Limited
The Chief General Manager, M/s Bharat Coking Coal Limited
The Project Officer, M/s Bharat Coking Coal Limited
The Senior Manager (P & A), M/s Bharat Coking Coal Limited
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
