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2017 DIGILAW 605 (JHR)

Harish Kumar Sinha, S/o Tarni Prasad Sinha v. State of Jharkhand

2017-03-28

PRAMATH PATNAIK

body2017
ORDER : Heard learned counsel for the parties. 2. The petitioner, who was working on the post of Food Inspector under the Respondent office and superannuated on 31.12.2016. The grievance of the petitioner is that post retirement dues such as provident fund, gratuity, leave encashment, group insurance and other benefits along with interest have not yet been paid to him, though he has made representation before the competent authority of M.A.D.A. Vide Annexure-2. 3. Learned counsel for the petitioner submitted that since the representation of the petitioner did not evoke any response, the petitioner being constrained has approached this Court under Article 226 of the Constitution of India, for redressal of his grievances. 4. Learned counsel for the respondents-M.A.D.A., on the other hand, submits that the petitioner may be directed to approach the competent authority i.e. Managing Director, M.A.D.A., who may look into the grievances of the petitioner in accordance with law. 5. In such circumstances, since the matter relates to payment of certain post retiral dues and other service benefits of the petitioner, the writ petition is disposed of by allowing the petitioner to prefer fresh representation before the respondent-Managing Director, M.A.D.A, Dhanbad together with all supporting facts and documents within a period of three weeks. On receipt of such representation, the respondent-Managing Director, M.A.D.A shall consider the same in accordance with law and after proper verification of the records of the petitioner, shall pass a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner. It is made clear, if the grievances of the petitioner are found to be genuine and are entitled to legally admissible dues on account of post retirement dues and other service benefits, the same shall also be disbursed with statutory interest as per the scheme framed by the respondents-M.A.D.A, which is applicable to retired employees of M.A.D.A. Accordingly, writ petition is disposed of in the aforesaid terms.