Jharkhand High Court
Vinay Pal Aged About 41 Years S/O Ram ... vs The State Of Jharkhand Through Chief ... on 6 February, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 260 of 2023
Vinay Pal aged about 41 years S/o Ram Charitra Pal R/o Vill-Chama,
P.O.- Peshka, P.S.- Meral, Dist.- Garhwa, Jharkhand pin-822114
... ... Petitioner
Versus
1.The State of Jharkhand through Chief Secretary, government of
Jharkhand, Project Bhawan, Dhurwa, P.O. Dhurwa, P.S.
Jagannathpur, Dist. Ranchi
2. The Home Secretary, government of Jharkhand, Project Bhawan,
Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, Dist.-Ranchi
3. Principal Secretary, Department of Social Welfare, Women and
Child Development, Project Bhawan, Dhurwa, P.O. Dhurwa, P.S.
Jagannathpur, Dist. Ranchi
4.Chairperson, Jharkhand State Commission for Protection of child
Right Collectorate Building, Kachahari, Ranchi, P.O. Kachahari, P.S.
Kotwali, Dist. Ranchi
5. Deputy Commissioner, Garhwa, P.O. & P.S. Garhwa, Dist. Garhwa
6. District Social Welfare Officer, Garhwa, P.O. and P.S. Garhwa,
Dist. Garhwa,
7. Child Welfare Committee, Garhwa, P.O. and P.S. Garhwa, Dist.
Garhwa ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Amit Kumar, Advocate : Mr. Raj Kumar Gupta, Advocate For the Respondents : Mr. Binit Chandra, A.C. to AAG II
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06/06.02.2024 Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:-
"a. For direction upon the respondents to take necessary kind steps for payment of meeting allowance of the petitioner which is fallen due for the month of August 2017 to March 2018, total 160 working days and by this way a total amount of Rs. 1,60,000/- (One Lakh Sixty Thousand Only) is due along with interest to the petitioner."
3. A counter affidavit has been filed in the present case wherein in paragraph no. 13 and 14 it has been stated as under:-
"13. That in reply to para 6 & 7 of the writ petition, it is humbly stated and submitted that the same are not correct hence denied and disputed. Further, it is submitted and stated that the petitioner was appointed as the Child Welfare Committee, Garhwa as member and was joined in the said post on 31.02.2017 and since then he has started extending his service as member of Child Welfare Committee, Garhwa. As per provision, it is duty of the petitioner to furnish his absentee statement before the Respondent No. 06 and as per the absentee 2 statement, the petitioner is entitled to get @Rs. 1000/- per day as a meeting allowance. The petitioner regularly furnish his absentee statement up to July 2017 since the date of joining and as per absentee statement, his meeting allowance has been paid for the period. Thereafter, since August 2017 to March 2018, the petitioner has not furnished absentee statement for such period. Again since April 2018 to 30.03.2020 i.e. till his service period the petitioner has regularly furnished absentee statement and was properly paid meeting allowance. So, it is false to allege that the alleged amount for 160 working day is still due. The true state of affair is that the alleged amount is not paid due to laches on the part of the petitioner. The petitioner has not produced his absently statement for the said period yet.
14. That in reply to para it of the writ petition, it is humbly stated and submitted that the same are not correct hence dented and disputed Further, it is submitted and stated that although the petitioner has furnished request letter before Respondent No. 06. But in unavailability of absentee statement the hands of the Respondent No 06 has fettered and won't be able do anything for redressal of the grievance of the petitioner. "
4. Considering the submissions made in the counter affidavit this writ petition is disposed of enabling the petitioner to file the requisite documents as mentioned in the aforesaid paragraphs of the counter affidavit before the respondent no. 6 within a period of one month from today along with copy of the writ records by filing a representation.
5. Upon such representation and filing of the documents the respondent no. 6 is directed to consider the grievance of the petitioner and pass appropriate reasoned order after granting an opportunity of hearing to the petitioner within a period of one month from the date of receipt of the representation/documents. If the petitioner is found entitled for any amount arising out of the reasoned order, the same be remitted to the bank account of the petitioner within a period of 15 days from the date of passing of the reasoned order. The reasoned order be also communicated to the petitioner through speed post.
6. This writ petition is accordingly disposed of.
(Anubha Rawat Choudhary, J.) Binit