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2018 DIGILAW 2422 (JHR)

Lakhan Mandal v. Mineral Area Development Authority

2018-10-31

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the petitioner and Jharkhand Mineral Area Development Authority. 2. Petitioner has approached this Court now in the third round of litigation with the same prayer i.e., payment of unpaid retirement dues and other legal dues such as arrears of A.C.P. and difference of Group Insurance amount with compound interest. He has retired from service on 30.08.2004 and thereafter pursued two writ petitions, W.P.(S) No. 398 of 2005 with the same prayer for payment of post retirement dues which included Group Insurance, which was disposed of on 08.02.2005. He again approached this Court in W.P.(S) No. 5911 of 2009 for payment of post retirement dues, which was disposed of on 12.10.2011. Thereafter Cont. Case (Civil) No. 818 of 2012 preferred by the petitioner was also dismissed by order dated 30.06.2016. These orders are enclosed to the instant writ petition as Annexure-1, 2 and 3 respectively. 3. According to learned counsel for the respondent, the order passed in the contempt petition itself show that Respondent JMADA is making payment of retiral dues in installments to the applicant because of its limited financial resources at par with the similarly retired employees. 4. In these circumstances, this Court is not satisfied that such repeated petition for same cause of action should be entertained. It goes without saying that if any benefits of service are extended by the Respondent JMADA to its employees / retired employees, anyone who is covered under that would be benefited therefrom. 5. The writ petition is dismissed accordingly.