Manoharlal Sharma v. Bharat Coking Coal Ltd. Through Its Chairman-Cum-Managing Director
2004-05-07
AMARESHWAR SAHAY
body2004
DigiLaw.ai
ORDER 1. Heard the parties. 2. The petitioner moved this Court earlier in CWJC No. 1933 of 2000(R), which was disposed of on 7.7.2000. The said order has been annexed as Annexure-7/2 to the present writ application. From perusal of the aforesaid order, it appears that at that stage the grievance of the petitioner was that although he took Voluntary Retirement but the entire benefits under the Voluntary Retirement Scheme was not paid to him. This Court disposed of the said writ application with a direction to the petitioner to the a fresh representation before the respondent No. 2 giving detail about his benefits to which he was legally entitled to and on filing of such a representation, the respondent No. 2 was directed to consider the same and to release all the benefits legally payable to the petitioner within four weeks. 3. It appears that thereafter payments were made to the petitioner but the petitioner has filed the present writ application with a prayer to re-employ the petitioner No. 2 and to give all benefits under the Voluntary Retirement Scheme, including revisional benefit of salary from 1996 till the date of his retirement and to release the amount of leave encashment and lastly the balance amount of Rs. 1,00,000/- under the heading Provident Fund with interest. 4. From the averments made in the counter affidavit, filed on behalf of the respondents, in Paragraph 6, it appears that it has specifically been stated that the following payments were made to the petitioner after the order passed by this Court in his earlier writ application : (i) Difference of Basic on promotion and arrear for Interim paid vide Cheque Nos. 439790 and 439791 dated 12.8.2000, for Rs. 6,621.65 and Rs. 539.88 respectively. (ii) L.T.C. vide Cheque No. 439806, dated 17.8.2000 amounting to Rs. 8,112/-. (iii) C.M.P.F. refund-a sum of Rs. 2,00,863.00 has been paid in Saving Bank A/C No. 4778 through the Branch Manager, State Bank of India vide letter No. CPF/77/104 dated 11.4.2000. of the Regional Commissioner (CMPF) Dhanbad. That apart from the above, the petitioner has now been paid a further sum of Rs. 30,920.50 towards arrears on account of revision of pay under NCWA-VI vide A/c Payee cheque No. 203507. This amount has been received by the petitioner on 10.12.2002. 5.
of the Regional Commissioner (CMPF) Dhanbad. That apart from the above, the petitioner has now been paid a further sum of Rs. 30,920.50 towards arrears on account of revision of pay under NCWA-VI vide A/c Payee cheque No. 203507. This amount has been received by the petitioner on 10.12.2002. 5. So far as the prayer for Leave Encashment is concerned, payment against Leave Encashment it was stated that since there was no leave left and, therefore, no amount on that account was due to the petitioner. 6. Learned counsel for the petitioner submits, that he does not want to press this application regarding his prayer for re-employment but so far as the payment, which has been, made to him a details of such payment, head wise, be made available to him. 7. I find that the respondents in Para graph 6 of the counter affidavit have already given the details of the payment head wise, which is sufficient to satisfy the petitioner. Accordingly, this application is dismissed.