Leeladhar Prasad Yadav Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 901 of 2023

Leeladhar Prasad Yadav, aged about 63 years, son of Basudev Prasad Yadav, resident of village Sathiari, Post Sathiari, Police Station Sathiari, District Munger, Bihar … … Petitioner Versus

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The State of Jharkhand

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The Principal Secretary, Rural Development Department, Government of Jharkhand, Ranchi officiating from Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, District Ranchi

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The Executive Engineer, Rural Development Special Division, Jamtara officiating from Jamtara, Post Jamtara, Police Station Jamtara, District Jamtara;

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

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Ms. Kumari Supriya, Advocate For the Respondents : Mr. Aman Kumar, A.C to G.P.I ---

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08 /18.03.2024 The learned counsels for the parties are present.

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2. This writ petition has been filed for the following relief:

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“1. That in the instant writ application the petitioner prays for issuance of an appropriate writ/ Rule/Direction to the respondents to immediately and forthwith adjust the amount shown as advance in the 'No Dues Certificate' of the petitioner taking into consideration that he superannuated from the post of District Engineer, Zila Parishad, Lohardagga with effect from 31.12.2019 and there is actually no advance pending against him but due to clerical mistake some advance has been shown against him. And for a further direction to the respondents to pay and fix the final pension of the petitioner as well as to pay all the other retiral benefits to the petitioner including gratuity, leave encashment etc alongwith an interest @ 18% per annum from the date of retirement till the actual payment. And for any other relief or reliefs to which the petitioner may be found entitled to.”

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3. The learned counsel for the petitioner has submitted that the petitioner is ready to deposit the entire amount of Rs.1,59,332/- as claimed against the petitioner and upon such deposit, the respondents be directed to expedite the issuance of 'no dues certificate' so that the petitioner is ultimately granted the post-retirement benefits.

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4. The learned counsel for the respondents has submitted that the petitioner will have to approach the Executive Engineer, Zila Parishad, Lohardaga, from where the petitioner has superannuated on 31.12.2019 and upon deposit of the amount, the 'no dues certificate'

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2

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will be issued to the petitioner and thereafter the respondents shall take appropriate steps so that the post-retiral benefit dues are paid to the petitioner.

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5. After hearing the learned counsel for the parties and considering the aforesaid submissions, this writ petition is disposed of enabling the petitioner to approach the District Engineer, Zilla Parishad, Lohardagga, to deposit an amount of Rs. 1,59,332/- and upon such deposit, the 'no dues certificate' be issued to the petitioner within a period of one week from the date of such deposit, if there is no other legal impediment. The said authority shall also take all appropriate steps within a period of 15 days thereafter so that the matter regarding payment of post-retiral benefits to the petitioner is also expedited.

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6. Pending interlocutory application, if any, stands closed.

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(Anubha Rawat Choudhary, J.)

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Saurav

Leeladhar Prasad Yadav v. the State of Jharkhand

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Leeladhar Prasad Yadav v. the State of Jharkhand

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