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2017 DIGILAW 391 (JHR)

Kapil Deo Prasad v. State Of Jharkhand

2017-02-23

PRAMATH PATNAIK

body2017
JUDGMENT Pramath Patnaik, J. – In the instant writ application, the petitioner, who is a retired employee of Jharkhand State Food and Civil Supplies Corporation has sought for direction upon the respondents to make payment of entire retiral benefits and other arrears of service dues including arrears of salary under 5th and 6th pay revision. 2. As per the averments made in the counter affidavit filed by respondent no. 3 on 3.12.2016, it appears that cheque against payment of gratuity and earned leave has been prepared and is lying in the office of respondents, as per Annexure B to the Counter affidavit and petitioner has been informed regarding the same. 3. So far as other claim of pension, gratuity and other post retiral benefits are concerned, learned counsel for the respondent-Jharkhand State Food and Civil Supplies Corporation submitted that it has come to existence on 01.02.2011, hence, liability to make payment prior to creation of Jharkhand State Food & Civil Supply Corporation Ltd, cannot be fastened upon it. Furthermore, the State of Jharkhand has not issued any order regarding the grant of 6th pay revision of the employees of corporation, hence, the same cannot be extended to the petitioner at this Stage. 4. Learned counsel for the State of Bihar submits that for want of service book etc., the State of Bihar is not in a position to resolve the issue of inter se dispute between the parties. 5. Learned counsel for the State of jharkhand submits that if any service record or chit of paper, is required to be sent, on requisition by the State of Bihar, the same shall be expedited and every co-operation shall be extended in the matter. 6. Having regard to the aforesaid submissions made, without making any comment upon the claim of the petitioner, it would be apposite to dispose of the writ petition with liberty to the petitioner to approach Managing Director, Bihar State Food and Civil Supplies Corporation Ltd for redressal of his grievances relating to payment of arrears under 5th pay revision and other dues, if any, by submitting a fresh representation along with all supporting documents within a period of four weeks from the date of receipt of copy of this order. On receipt thereof, the resplendent no. On receipt thereof, the resplendent no. 5 shall do well to consider the representation of the petitioner, in accordance with law by passing a reasoned order within a period of twelve weeks thereafter. It is made clear that if the petitioner is found eligible to be paid any amount the same shall be paid within a period of six weeks thereafter. 7. The petitioner is also at liberty to approach the competent authority under the Jharkhand State Food and Civil Supplies Corporation, for consideration of his case for grant of benefits of 6th Pay Revision, if the same is implemented under the said Corporation as also for consideration of his claim for payment of any other post retirement dues, which may be admissible as per the decision of the State Government and the Corporation. If the petitioner approaches the Corporation, the Corporation shall consider the same and pass appropriate order in accordance with law within a period of twelve weeks. It is made clear that if the petitioner is found eligible to be paid any amount the same shall be paid within a period of six weeks thereafter. 8. The writ application stands disposed with the aforesaid terms.