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2018 DIGILAW 2513 (JHR)

Kishore Chandra v. State Of Jharkhand

2018-11-20

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the Petitioner and the State. 2. In view of the specific averments made at Para 4(viii) of the counter affidavit, let the Planning -cum - Finance Department, Government of Jharkhand be impleaded through its Principal Secretary/ Additional Chief Secretary as Respondent no.3 in the instant writ petition for which necessary addition be carried out by learned counsel for the petitioner in the array of parties in red ink during course of the day. Learned counsel for the respondents accepts notice on behalf of newly added respondent. 3. Petitioner has claimed post retirement benefits and other service dues upon his superannuation on 31.07.2016 from the post of Sergeant Major while working at Central Store Hotwar under Police Headquarter, Dhurwa. Petitioner has stated that he was appointed on 04.05.1987 on the post of Sergeant and has got only one promotion during his service career. He has been granted the benefit of MACP and time bound promotion etc. Petitioner is facing acute financial crisis because of non payment of his admissible dues though he has represented before the Respondents vide Annexure-4 series. 4. As per the stand of the respondent State brought on record through their counter affidavit, answer to all the 7 queries posed by the order dated 06.08.2018 passed in analogous cases is affirmative in favour of the petitioner except answer to query no.8, which states that service book of the petitioner is lying with the Planning-cum-Finance Department, Government of Jharkhand for verification of his pay scale under 3rd MACP pursuant to 7th PRC. Letter no. 1623 dated 21.08.2018 has been written by the Police Headquarters, Jharkhand to the Deputy Secretary of the Finance Department, Annexure-A for making available the service book. 5. Learned counsel for the Respondent submits that no sooner the service book is made available to the Police Headquarters, claim of the petitioner would be processed and admissible dues would be paid. 6. Considered the submission of learned counsel for the parties in the light of relevant material facts borne on record and taken note above. As noted above, the entire claim of post retirement and other services dues of the petitioner is pending due to non-availability of service book. 6. Considered the submission of learned counsel for the parties in the light of relevant material facts borne on record and taken note above. As noted above, the entire claim of post retirement and other services dues of the petitioner is pending due to non-availability of service book. In case the service book is lying with the Finance Department, the same be sent after carrying due diligence within 4 weeks from the date of receipt of copy of this order. The competent authority/ respondent no.2- Director General & Inspector General of Police, Jharkhand, Ranchi would thereafter examine the petitioner''s claim in accordance with law after due scrutiny of his service record within a reasonable time preferably 12 weeks, thereafter. Admissible dues if any, be released within reasonable time with statutory interest. 7. The writ petition is disposed of accordingly.