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Jharkhand High Court · body

2016 DIGILAW 1137 (JHR)

Butai Oraon, S/o. Late Chaitu Oraon v. State of Jharkhand

2016-07-26

PRAMATH PATNAIK

body2016
ORDER : Mr. Vijay Shankar Prasad, learned counsel for the petitioner submits at the outset that in the instant case, since the grievance of the petitioner is with regard to fixation of pension and for payment of other post-retirement benefits, this writ petition may be disposed of at this stage without filing of counter-affidavit. 2. Ms. Nikita Agarwal, learned J.C. to A.G. for the respondent-State raises no objection. 3. In the instant writ application, the petitioner has, inter alia, prayed for issuance of writ/direction in the nature of mandamus commanding upon the respondents-authorities to fix the pension of the petitioner and also to provide the gratuity and leave encashment as well as the remaining amount of G.P.F. alongwith interest, if any. 4. Heard Mr. Vijay Shankar Prasad, learned counsel for the petitioner and Ms. Nikita Agarwal, learned J.C. to A.G., appearing for the respondent-State. 5. Sans details, the facts as disclosed in the writ application, in a nutshell, is that, the petitioner has joined the service in the Forests Department on 24.10.1979. The petitioner got the promotion to the post of Forester in July, 2014. The petitioner has also qualified in all the departmental examination as well as training conducted by the department concerned. The petitioner after successfully discharging his duties from the service, superannuated on 31.03.2015. The petitioner has taken all the necessary steps before authority for fixation of his pension as well as for payment of the retiral benefits, such as, leave encashment, gratuity and the remaining amount of G.P.F. but till date, the pension of the petitioner has not been fixed even after expiry of more than a year from his retirement, he has not even been paid the amount of gratuity and leave encashment. The petitioner has also submitted his representation vide Annexure-1 and 1/A to the writ petition, before the authority concerned but they have not considered the same and the representation of the petitioner is still pending. Left with no other efficacious, alternative and speedy remedy, the petitioner has been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under article 226 of the Constitution of India for redressal of his grievances. 6. Mr. Left with no other efficacious, alternative and speedy remedy, the petitioner has been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under article 226 of the Constitution of India for redressal of his grievances. 6. Mr. Vijay Shankar Prasad, learned counsel for the petitioner submits that if a direction will be issued to the respondents to dispose of the representation of the petitioner vide Annexure-1 and 1/A to the writ petition, then the grievance of the petitioner shall be redressed. 7. Ms. Nikita Agarwal, learned J.C. to A.G. for the State has no serious objection to the prayer made by the learned counsel for the petitioner. 8. Considering the submissions of the respective parties and without delving into the merits of the case of the petitioner, the instant writ application is disposed of with liberty to the petitioner to file a fresh representation for fixation of his pension as well as for payment of the retiral benefits, such as, leave encashment, gratuity and the remaining amount of G.P.F. annexing all the relevant documents within a period of two weeks from today before the respondents and more particularly, the respondent no.5 and on receipt of the said representation, the respondent no. 5 shall consider the same in accordance with law and pass a reasoned and speaking order within a period of eight weeks thereafter and the result thereof shall be communicated to the petitioner within the aforesaid period. 9. It is needless to mention that if the claim of the petitioner regarding post-retirement benefits and other service dues are found to be genuine and legally admissible, the same shall be disbursed to the petitioner within a period of two months thereafter, along with statutory interest, if any. Ordered accordingly.