In this writ petition concerning the withholding of 10% pension and full gratuity, the High Court directed the respondents to decide the petitioner's pending appeal as of right by passing a speaking and reasoned order within six weeks.
Direct to pass speaking order on pending appeal within six weeks; grant benefits within three weeks if entitled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 5853 of 2023
Ram Nagina Prasad
………… Petitioner
Versus
CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
For the Petitioner : Mr. Deepak Kr. Prasad, Advocate For the Respondents : Ms. Omiya Anusha, AC to AAG-IA
03/ 04.01.2024 Heard the parties.
2. Petitioner is aggrieved by memo No. 795 Ni dated 25.09.2020, issued by respondent No. 2 whereby the respondents have withheld 10% pension and full gratuity of the petitioner.
3. It has been submitted by learned counsel respondents that as per instruction, the appeal preferred by the petitioner is still pending and no final order has been passed till date.
4. In view of the fair submissions of the learned counsel for the parties, I hereby direct the respondents to consider the case of petitioner and after providing ample opportunity of hearing to him, pass a speaking and reasoned order on the pending appeal of petitioner, in accordance with law, within a period of six weeks from the date of receipt/ production of a copy of this order, which shall also be communicated to the petitioner.
5. It goes without saying that if the petitioner is found entitled for the benefits, as prayed for, the same may be extended to him within a further period of three weeks.
6. With these observations and directions, this writ petition stands disposed of.
(Dr. S.N. Pathak, J.)
kunal
2 issues framed by the court
Whether the writ court should direct respondents to decide the pending appeal regarding withholding of pension and gratuity on merits.
Whether the petitioner is entitled to receive the withheld pension and gratuity once the appeal is finally decided.
Ram Nagina Prasad
The State of Jharkhand
The Principal Secretary, Departmental of Agriculture, Animal Husbandry & Cooperative
The Director, Directorate of Animal Husbandry
S.N. Pathak
Kunal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
