Disposed

Awadesh Kumar v. the State of Jharkhand

Jharkhand HC6 Sept 2024WPC/4899/2024

Case brief

AI extract

What is this about?

Writ petition seeking release of pension and pensionary benefits withheld despite the petitioner's acquittal in a criminal appeal. The court directed the Director-in-Chief, Health Services to decide on the Additional Chief Medical Officer's letter within four weeks and communicate to the petitioner within two weeks.

What did the court decide?

Director-in-Chief, Health Services directed to take decision on letter dated 01.06.2023 within four weeks and communicate to petitioner within two weeks, if not already paid.

Awadesh Kumar Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 4899 of 2024

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------

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Awadhesh Kumar, aged about 64 years, son of Late Dwarika Singh, resident of Mohalla Royapara, Post Pakur, Police Station Pakur, District-Pakur … … Petitioner

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-Versus -

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The State of Jharkand

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The Principal Secretary, Health, and Family Welfare Department, Government of Jharkhand, Ranchi Officiating from Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, District-Ranchi

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The Director-in-Chief, Health Services, Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, Distirct-Ranchi

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The Additional Chief Medical Officer, Pakur officiating from Pakur, Post Pakur, Police Station, District-Pakur

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The Civil Surgeon-cum-Chief Medical Officer, Pakur Officiating from Pakur, Post Pakur, Police Station Pakur, District-Pakur

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The Accountant General (A & E), Jharkhand, Ranchi Officiating from A.G. office, Post Doranda, Police Station Doranda, District-Ranchi

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... … Respondents

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : M/s. Ritu Kumar, Advocate : M/s. Samavesh Bhanj Deo, Advocate : M/s. Shatakshi, Advocate For the Respondents : M/s. Mrinal Kanti Roy, G.A-I -----

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02/06.09.2024

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Petitioner Awadhesh Kumar has filed this Writ Petition for directing the respondents to pass an order for releasing his pension and other pensionary benefits.

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Attention has been drawn towards Annexure-28 of this Writ Petition where the Additional Chief Medical Officer, Pakur has written a letter to the Director-in-Chief, Health Services, Project Bhawan, Dhurwa, Ranchi stating therein that the petitioner Awadhesh Kumar has been acquitted in Criminal Appeal No. 45 of 2015 and as such his remaining pension and other benefits can be released and a decision should be taken to that effect.

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It was submitted that no action has been taken by the Respondent No. 3 the Director-in-Chief, Health Services, Project Bhawan, Dhurwa Ranchi on the letter issued/written by the Additional Chief Medical Officer, Pakur and due to its inactivity, the remaining pension and other pensionary benefits of the petitioner has not been released. It was further

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submitted that direction should be given to the Respondent No. 3 the Director-in-Chief, Health Services, Project Bhawan, Dhurwa Ranchi to pass appropriate order on the aforesaid letter within fix period of time.

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Mr. Mrinal Kanti Roy , G.A-I, learned counsel appearing on behalf of the respondents assures that the decision to that effect will be taken by the Respondent No. 3 the Director-in-Chief, Health Services, Project Bhawan, Dhurwa, Ranchi within four weeks from the date of receipt of this order, if not/already paid.

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In view of the submissions made above, the Respondent No. 3- the Director-in-Chief, Health Services, Project Bhawan, Dhurwa, Ranchi is directed to take a decision on the letter dated 01.06.2023 issued/written by the Additional Chief Medical Officer, Pakur within four weeks from the date of receipt of this order with further communication to this petitioner within two weeks, if not/already paid the remaining benefits of the petitioner.

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This Writ Petition is disposed of with the aforesaid direction. Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J.)

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Nandini/Uploaded

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-2-

Awadesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Awadesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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