The Patna High Court discharged the writ petition in a service benefit case by directing the Superintending Engineer to decide the petitioner's representation regarding gratuity and pension enhancement expeditiously within three months.
Direction to respondent no. 3 to pass appropriate orders on the filed representation within three months.
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 JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 493 of 2020
======================================================
Ajeet Kumar, aged about 44 years (Male), Son of Late Sakal Deo Pathak, Resident of Anchal Dumra, Raghunathpuri, Ward No. 26, Sitamarhi, Chakmahila, P.S.-Sitamarhi, Sitamarhi Bazar, BIhar-843302.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Ms. Roona, Advocate For the State : Mr. Akash Chaturvedi, AC to SC 11 For the Accountant General : Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 17-01-2020
Heard learned counsel for the petitioner; learned AC to SC 11 for the State and learned counsel for the Accountant General.
Patna High Court CWJC No.493 of 2020 dt.17-01-2020 2/3
reliefs:
“(i) For a direction upon the Respondents to pay gratuity amount of the deceased employee in terms of Finance Department Resolution dated 27.05.2013 as contained in Annexure-3 whereby the gratuity amount has been enhanced from Rs. 3.5 lakh to maximum of Rs. 10 lakh for the employee retired between the period 01.04.2007 to 23.09.2009.
(ii) For a direction upon the Respondents to pay difference of death cum retiral benefit and different of family pension after applying due grade pay of Rs. 4600/- to the post held by the deceased employee. The last pay scale be directed to be correctly determined for the purposes of calculation of pension and family pension.
(iii) For a direction upon the Respondents for issuance of Authority for payment of P.F Linked Insurance on account of death of the employee while in service.
(iv) Any other order/orders, direction/directions for which the petitioner is found entitled to in the facts and circumstances of the present case.”
petitioner submitted that he has filed a representation before the respondent no. 3, copy of which is Annexure P/3 to the writ application. It was submitted that the writ petition be disposed off with a direction to pass appropriate orders on such representation.
with a direction to the respondent no. 3 to pass appropriate orders
Patna High Court CWJC No.493 of 2020 dt.17-01-2020 3/3
on the aforesaid representation filed by the petitioner expeditiously and latest within a period of three months from the date of production of a copy of the order before him.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U T
1 issue framed by the court
Whether the writ court can direct the respondent to pass orders on a representation filed by the petitioner regarding gratuity and pension benefits.
Ajeet Kumar
The State of Bihar
The Chief Engineer, Flood Control and Drainage, Water Resources Department, Muzaffarpur
The Superintending Engineer, Flood Control and Drainage Circle, Muzaffarpur
The District Provident Fund Officer, Muzaffarpur
The Accountant General (A & E), Patna
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
