Jharkhand High Court
Tribhuwan Choudhary vs Jharkhand Mineral Area Development ... on 30 June, 2020
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1666 of 2020
Tribhuwan Choudhary, aged about 60 years, S/o Late Brij Bihari Choudhary,
R/o Choudhary Bhawan, At- By Pass Road, Check Post, P.O. & P.S. Chas,
District- Bokaro ... Petitioner
-Versus-
1. Jharkhand Mineral Area Development Authority (in short JMADA), through its
Managing Director, having office at JMADA Bhawan, P.O., P.S. & District-
Dhanbad
2. Account Officer, JMADA, P.O., P.S. & District- Dhanbad ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Ajay Kumar Singh, Advocate
For the Respondents : Mr. Santosh Kr. Jha, A.C. to Mr. Mahavir Pd. Sinha, Advocate
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02/30.06.2020. Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Santosh Kumar Jha, learned counsel for the respondent-Jharkhand Mineral Area Development Authority.
This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.
Defect no.1, as pointed out by the office, is ignored. The petitioner has preferred this writ petition for direction to the respondents to pay entire post retiral benefits and other admitted service dues of the petitioner such as Gratuity, Provident Fund, Leave Encashment, Group Insurance, Antrim Sahayata, Medical Allowance, Regional Allowance, Dearness Allowance, Arrear of 50% of D.A. Chhetriya Bhatta, Nagar Chhatipurti Bhatta, Arrear of 6th and 7th Pay Revision, ACP/MACP, Arrears of annual increment, Arrear of salary etc. Mr. Ajay Kumar Singh, learned counsel for the petitioner submits that the petitioner was appointed with the respondent-Jharkhand Mineral Area Development Authority on 03.02.1982 as Health Overseer at Chirkunda Circle, -2- Dhanbad and, thereafter, the petitioner retired on 29.02.2020 on attaining the age of 60 years. He further submits that the petitioner has already filed a representation, but no action has yet been taken by the respondents with regard to the aforesaid claims of the petitioner.
Learned counsel appearing for the respondent-Jharkhand Mineral Area Development Authority submits that the petitioner may be directed to file a fresh representation before respondent no.1, who will consider the case of the petitioner and pass appropriate order.
In view of the above facts and considering the submissions of the learned counsel for the parties, this writ petition is being disposed of with direction to the petitioner to file a fresh representation before respondent no.1, detailing all the claims along with credentials on which he is relying, within a period of four weeks from today. If such representation is filed within the aforesaid period, respondent no.1 shall consider the case of the petitioner in light of the rules, regulations and the Scheme framed by the respondent-authority and pass appropriate reasoned order within a period of eight weeks thereafter. It goes without saying that if the decision is taken in favour of the petitioner, the benefit of the same will be released in his favour immediately.
With the above observations and directions, this writ petition stands disposed of.
(Sanjay Kumar Dwivedi, J.) Ajay/