Disposed¶27

Mrinal v. the State of Jharkhand through Its Chief Secretary

Jharkhand HC23 Jan 2025WPC/209/2025

Case brief

AI extract

What is this about?

High Court of Jharkhand; W.P(S) No. 209 of 2025; post-retiral benefits; pension; earn leave; waiting for posting; ACP/MACP; letter dated 06.09.2024; representation to Principal Secretary, Water Resources; payment of admitted dues within ten weeks; disposed of; Ananda Sen, J.

What did the court decide?

Petitioner directed to file a detailed representation claiming post-retiral benefits before the Principal Secretary, Water Resources within four weeks; respondent no.4 directed to ensure payment of the admitted amount within ten weeks thereafter; writ application disposed of accordingly. ¶27

Mrinal Vs the State of Jharkhand through Its Chief Secretary — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents, preferably respondent no.3, are to be directed to release the petitioner's pensionary amount, regulate his earn leave and waiting-for-posting periods from 26.03.2007 to retirement on 31.01.2024, and pay the retiral benefits withheld as evidenced by the letter dated 06.09.2024. +1 more

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Court's answer

Petitioner directed to file a detailed representation before the Principal Secretary, Water Resources, Department, Govt. of Jharkhand claiming his post-retiral benefits, and to complete all formalities such as filling forms and documents.

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Ratio / Principle

Representation to be filed within four weeks; respondent no.4 directed to ensure that the admitted amount is paid within ten weeks thereafter.

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Key takeaways

With the aforesaid directions, the writ application stands disposed of.ratio¶27

Detailed headnote1 paragraphs

Writ petition (W.P(S) No. 209 of 2025, High Court of Jharkhand at Ranchi, decided 23.01.2025) filed by a retired Executive Engineer, Water Resources Department, who superannuated on 31.01.2024, seeking release of pensionary and other retiral benefits (withheld as evidenced by letter dated 06.09.2024), regulation of earn leave and waiting-for-posting periods from 26.03.2007 to retirement, and grant of ACP/MACP benefits for 35 years of continuous service. Without adjudicating the merits, the Court directed the petitioner to file a detailed representation before the Principal Secretary, Water Resources within four weeks and complete all formalities, and directed respondent no.4 to ensure payment of the admitted amount within ten weeks thereafter; the writ application stood disposed of. (Ananda Sen, J.)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 209 of 2025

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Mrinal, aged about 60 years, s/o late Bishwanath Choudhary, r/o Heritage Apartment, Flat No.406, Near RIIMS, Bariatu, PS Bariatu, PO GPO Dist. Ranchi 9 Jharkhand ….. …. Petitioner(s)

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Vrs.

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State of Jharkhand through its Chief Secretary, Govt. of Jharkhand Project Building, PO Dhurwa, PS Jagannathpur, Dist. Ranchi 834004, Jharkhand

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Finance Secretary, Depart. Of Planning Cum Finance Govt. of Jharkhand, Project Building, PO Dhurwa, PS Jagannathpur Dist. Ranchi 834004, Jharkhand

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Principal Secretary, Water Resources Govt. of Jharkhand, Nepal House, PO Doranda PS Doranda Dist. Ranchi 834002 Jharkhand

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Principal Secretary, Depart. Of Rural Works & Development F.F. Building Sector-3 PO Dhurwa, PS Jagannathpur dist. Ranchi 834004, Jharkhand

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Chief Engineer Rural Works Vishesh Prachetra, F.F. Building Sector-3 PO Dhurwa PS Jagannathpur Dist. Ranchi 834004 Jharkhand

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Joint Secretary (Management), Water Resources, Govt. of Jharkhand,Nepal House, PO Doranda, PS Doranda Dist. Ranchi 834002, Jharkhand

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Under Secretary, Rural Works & Development, Depart. Of Rural Works & Development FF Building Sector-3 PO Dhurwa PS Jagannathpur Dist. Ranchi 834004, Jharkhand

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Accountant General, Office of the Accountant General (A &E), Jharkhand, Doranda PO Doranda PS Doranda Dist. Ranchi 834002, Jharkhand …. …. Respondent(s)

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CORAM :SRI ANANDA SEN, J.

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For the Petitioner(s):- Mr. Manoj Prasad, Advocate

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For the resp. no.8 :- Mr. Amit Kr. Verma, ADvocate

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For the State :- Mr. Munna Lal Yadav, SC (L&C)-III

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Mr. Ashok Kumar Singh, AC to SC (L&C)-III

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02 /23.01.2025:

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In this writ application, petitioner has prayed for following reliefs

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which are as follows:-

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“The petitioner prays for grant of an appropriate writ(s)/order(s)/direction(s)commanding upon the respondents preferably respondent no.3 to release the pensionary amount and to regulate the earn leave and the period during which the petitioner was under waiting for posting on different occasions from 26.03.2007 to the date of retirement i.e 31.01.2024 during his service tenure on account of which respondent no.8 is not releasing the earn leave, pension and other retiral benefits which is evident from letter dated 06.09.2024 and further prays to direct respondent no.3 to grant the benefits of

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ACP/MACP which has not been provided to the petitioner during his 35 y ears of continuous service in the department and further prays for release of pensionary and other benefits which has not been paid till the day due to latches the part of the respondents.”

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It is a case of the petitioner that his post retiral benefits have not been disbursed though he has superannuated on 31.01.2024 from the post of Executive Engineer Water Resources, Department. Govt. of Jharkhand.

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Counsel for the State submits that if the petitioner files an appropriate representation before respondent no.3, his case will be considered and his admitted dues will be paid subject to completion of all formalities like filling up forms, E-pension application etc.

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Considering the submissions, I direct the petitioner to file a detailed representation before the Principal Secretary, Water Resources, Department, Govt. of Jharkhand, claiming his post retiral benefits. The petitioner is also directed to complete all the formalities like filling forms and documents. Principal Secretary, Water Resources, Department, Govt. of Jharkhand, on receipt of the same will look into matter or will assign it to responsible official of the department who will ensure payment of the admitted post retiral benefits to the petitioner. Petitioner should file a representation within a period of four weeks and respondent no.4 is directed to ensure that admitted amount is paid within a period of ten weeks thereafter.

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With the aforesaid direction, this writ application stands disposed

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of.

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(ANANDA SEN, J.)

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Anjali/-

Mrinal v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Mrinal v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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