Disposed¶26

Ashraf Mirja v. the State of Jharkhand

Jharkhand HC1 May 2025WPC/2009/2025

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; W.P (S) No. 2009 of 2025; Deepak Roshan, J.; pension and gratuity payment with interest; regularization of waiting-for-posting period 02.08.2007 to 19.02.2009; counting of more than 10 years of service in different establishments; representation not considered; no counter-affidavit; writ disposed of with direction to pass reasoned and speaking order within 12 weeks; consequential benefits within further 8 weeks; service matter; Giridih petitioner.

What did the court decide?

No substantive relief adjudicated; writ application disposed of with direction to respondent no. 4 to treat it as a representation and pass a reasoned and speaking order in accordance with law within 12 weeks, with consequential benefits to follow within a further 8 weeks if the decision favours the petitioner. ¶26

Ashraf Mirja Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to payment of pension and gratuity along with interest after regularization of his services for the period 02.08.2007 to 19.02.2009, when he was kept waiting for posting. +1 more

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Ratio / Principle

The writ petition is disposed of by directing the 4th respondent (Principal Secretary, School Education and Literacy Department) to treat the writ application as a representation and take a decision on the grievance raised by the petitioner.

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Key takeaways

The decision on the petitioner's grievance is to be made by passing a reasoned and speaking order in accordance with law and the applicable Rules and Regulations within a period of 12 weeks.ratio¶24
If the resulting order is in favour of the petitioner, the necessary consequential benefits shall be extended to him within a further period of 8 weeks.ratio¶25
The petitioner is directed to serve a copy of the writ application to the respondent-concerned as early as possible.

Detailed headnote1 paragraphs

W.P (S) No. 2009 of 2025, High Court of Jharkhand at Ranchi (Deepak Roshan, J.), decided 01.05.2025. Ashraf Mirja (aged about 67 years) sought payment of pension and gratuity with interest, regularization of the period 02.08.2007 to 19.02.2009 during which he was kept waiting for posting, and counting of his more than 10 years of service under the respondents in different establishments; his representation had not been considered and no counter-affidavit was filed. Without adjudicating entitlement, the Court disposed of the writ petition by directing respondent no. 4 (Principal Secretary, School Education and Literacy Department) to treat the writ application as a representation and pass a reasoned and speaking order in accordance with law and applicable Rules and Regulations within 12 weeks; if the order favours the petitioner, consequential benefits are to be extended within a further 8 weeks. Petitioner directed to serve a copy of the writ application on the respondent-concerned.

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2025:JHHC:13082

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P (S) No. 2009 of 2025

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Ashraf Mirja, aged about 67 years, son of late Kadir Mirja, resident of 56 Bishanpur, Pachamba, Near Mumtaz Ali, P.O. & P.S. Pachamba, District Giridih, Jharkhand.

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..........Petitioner

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Versus

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The State of Jharkhand

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The Principal Secretary, Department of Agriculture and Sugarcane, Govt. of Jharkhand, At-Nepal House, P.O. & P.S. Doranda, District-Ranchi, Jharkhand.

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The Joint Agriculture Director, Directorate of Agriculture and Sugarcane, Govt. of Jharkhand, At-Krishi Bhawan, Kanke Road, P.O. & P.S. Kanke, District-Ranchi, Jharkhand.

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The Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, At-Project Building, P.O. & P.S. Dhurwa, District-Ranchi, Jharkhand.

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The Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, At-Project Building, P.O. & P.S. Dhurwa, District-Ranchi, Jharkhand.

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The Sub-Divisional Agriculture Officer, Giridih, At-Giridih, P.O. & P.S. Giridih, District Giridih, Jharkhand.

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The Accountant General (A&E), Government of Jharkhand, having its office at Shyamli, Doranda, P.O. & P.S. Doranda, District-Ranchi, Jharkhand.

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.........Respondents

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CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN

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---- For the Petitioner : Mr. Abhijeet Kr. Singh, Advocate For the Respondents : Ms. Pinky Tiwary, AC to AG Mr. Sunil Kumar Agrawal, Advocate ----

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02/01.05.2025 The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to make payment of pension and gratuity of the petitioner along with interest after regularizing his services for the period from 02.08.2007 to 19.02.2009, when he was kept waiting for posting, as the petitioner has completed more than 10 years of services under respondents in different establishment but the same is not taken into account by the respondent-authorities.

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2. Learned counsel for the petitioner submits that petitioner is fully entitled for the claim made in view of the fact that he was kept waiting for posting during the period from 02.08.2007 to

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2025:JHHC:13082

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19.02.2009 and otherwise also, the petitioner has completed more than 10 years of service under the respondents in different establishment but all these aspects have not been taken into account and even respondents have not considered the representation filed by the petitioner.

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3. Learned counsel for the respondents submits that since no counter-affidavit has been filed as such, the petitioner may be directed to approach the concerned-respondent so that his grievances may be redressed.

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4. Having heard learned counsel for the parties, the instant writ petition is hereby disposed of by directing the 4^th Respondent to treat this writ application as representation and take a decision in the matter with regard to the grievance raised by the petitioner by passing a reasoned and speaking order in accordance with the law and applicable Rules and Regulations within a period of 12 weeks. The petitioner is directed to serve a copy of this writ application to the respondent-concerned as early as possible.

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5. If the order would be in favour of the petitioner, then the necessary consequential benefits shall also be extended to him within a further period of 8 weeks.

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6. Accordingly, the instant writ application stands disposed of.

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(Deepak Roshan, J.)

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Kunal

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Ashraf Mirja v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ashraf Mirja v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

Procedural history

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Coram

Case details

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