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2009 DIGILAW 705 (JHR)

Jugal Kishore Lall v. State of Jharkhand

2009-05-06

D.N.PATEL

body2009
JUDGMENT 1. Learned counsel appearing on behalf of the petitioner vehemently submitted that there are errors in fixing the amount of pension of the petitioner and likewise, the benefit under the Assured Career Progression Scheme is also not given, 2nd Time Bound Promotion was wrongly withdrawn vide order at Annexure 3, without giving an opportunity of being heard to the petitioner and several other prayers have been made in the prayer of the writ petition, like 40% commutation and other benefits have also not been paid to the petitioner. 2. Learned counsel for the petitioner vehemently submitted that before passing the order at Annexure 3 dated January 7, 2004, no opportunity of being heard to the petitioner was given by the respondents. 3. Learned counsel for the petitioner is also relying upon a decision, rendered by this Court, as reported in 2007(4) JLJR 466 , as also upon a decision, rendered by the Hon’ble Supreme Court, as reported in 2009(2) JCR 18(SC) and submitted that a direction may be given to the concerned respondent authorities to treat this writ petition as a representation, by quashing the order as Annexure 3, so that, an opportunity of being heard may be given to the petitioner and the decision may be taken upon all the prayers, prayed for in the memo of present petition, afresh, within stipulated time and keeping in mind the aforesaid two judgments and other documents, which may be presented by the petitioner at the time of hearing, which will be now given by the concerned respondent authorities. 4. I have heard learned counsel for the respondents, who has submitted that a mistaken benefit, given to the petitioner, has been withdrawn and, thus, no illegality has been committed by the respondents, nonetheless, if a direction is issued by this Court, the respondents will treat this petition as a representation and will decide the same within a stipulated time, after giving an opportunity of being heard to the petitioner or to his representative. 5. In view of the aforesaid submission and looking to the order at Annexure 3, it appears that the benefit was given to the present petition on September 24, 2009 of 2nd Time Bound Promotion, but, the same was withdrawn vide the order at Annexure 3 dated January 7, 2004. 5. In view of the aforesaid submission and looking to the order at Annexure 3, it appears that the benefit was given to the present petition on September 24, 2009 of 2nd Time Bound Promotion, but, the same was withdrawn vide the order at Annexure 3 dated January 7, 2004. Some other communications have also been referred in Annexure 3, but, no copy of these communications were ever given to the petitioner. Neither any notice was given nor an opportunity of being heard was given to the petitioner prior to issuance of letter dated January 7, 2003 and, therefore, I hereby quash and set aside the communication dated January 7, 2004, which is referred at Annexure 3, and I hereby direct respondent no.2 to treat this writ petition as representation and decide the same, within a period of sixteen weeks from the date of receipt of a copy of the order, passed by this Court, after giving an opportunity of being heard to the petitioner or to his representation, keeping in mind all the submissions, referred to in the memo of present petition as well as in Annexures as well as in any affidavit, filed by the petitioner in the present writ petition and also keeping in mind the aforesaid two judgments and such other documents, which are presented by the petitioner at the time of hearing, within the aforesaid stipulated time. 6. Respondent no.5 shall cooperate with the aforesaid hearing and will supply all necessary documents and facts to respondent no.2, as and when they are called upon. 7. The writ petition stands disposed of in view of the aforesaid directions.