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2018 DIGILAW 1414 (JHR)

Gaurishankar Bhagat v. State Of Jharkhand

2018-07-03

S.N.PATHAK

body2018
JUDGMENT S.N. Pathak, J. - Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. 2. Petitioner has approached this Court with a prayer for a direction upon the respondents to grant him one increment with effect from 13.02.1990 and encouragement allowance with effect from 01.09.2008 instead of 05.04.2016 under the provisions of benefits of Family Planning. 3. The facts of the case in brief as has been delineated in the instant writ petition is that petitioner was initially appointed as a Constable on 01.01.1982 and ultimately on attaining the age of superannuation he retired on 31.03.2017 as Hawaldar No. 800 from Ranchi District. During his service tenure, after birth of two children, he had undergone surgical castration for family planning on 13.02.1990 at Referral Hospital, Pirpainti, Bhagalpur, Bihar and as such, in view of the Scheme floated by the Department, he was entitled for grant of one increment. Petitioner submitted his application on 17.02.1990 before the respondents with a reminder dated 12.09.1991 but no orders had been passed. Petitioner, thereafter, filed several representations but the same was not considered. 4. Pursuant to the amended District Order No. 225 of 2017, issued vide Memo no. 3161, dated 29.04.2017, petitioner has been granted the benefits of Family Planning Encouragement Allowance at the rate of Rs. 450/- per month with effect from 05.04.2016 though he is entitled for the same with effect from 01.09.2008 and the petitioner is persuading the matter since long. Being aggrieved petitioner filed various representations before the respondents but the same has not been considered and as such he has knocked door of this Court. 5. Mr. Ranjan Kumar Singh, learned counsel appearing for the petitioner very fairly submits that though petitioner had undergone family planning on 13.02.1990 and had represented before the respondents, he is entitled for the Family Planning Encouragement Allowance at the rate of Rs. 450/- per month from 01.09.2008 i.e. the date the provision came into effect but the respondent authorities have illegally not considered the same and have granted him the benefits with effect from 05.04.2016 in place of 01.09.2008 and as such, a direction may be given to the respondents to consider case of the petitioner for grant of said benefits at least from 01.09.2008 i.e. the date the provision came into effect. 6. Mr. 6. Mr. Sameer Sahay, AC to learned AG submits that in absence of counter affidavit, he is not in a position to state as to why claim of the petitioner for grant of Family Planning Encouragement Allowance at the rate of Rs. 450/- per month from 01.09.2008, has not been considered by the respondents. Learned counsel however submits that as representation of the petitioner is pending before the respondents, a reasoned order shall be passed and if petitioner is found entitled for the benefits from 01.09.2008, the same shall be extended to him in accordance with law. 7. Be that as it may, having gone through the submission of both the parties, this Court is of the considered opinion that since respondent authorities have not taken any decision on the pending representation of the petitioner, I hereby direct the respondent no. 5 The Senior Superintendent of Police, Ranchi to take a decision within a period of eight weeks from the date of receipt/ production of a copy of this order, in accordance with law regarding making the payment of benefits of Family Planning Encouragement Allowance at the rate of Rs. 450/- per month from 01.09.2008 taking into account the Notification regarding Family Planning Benefits which came into existence with effect from 01.09.2008. Needless to say if petitioner is found entitled for the benefits under the Scheme from 01.09.2008, the same be extended to him within a period of six weeks from the date of passing of the order. 8. With the aforesaid observations and directions, this writ petition stands disposed of.