Ram Chandra Ram v. Managing Director, Bihar State Food & Civil Supplies Corporation Ltd. , Patna
2019-07-17
SANJAY KUMAR DWIVEDI
body2019
DigiLaw.ai
ORDER : Heard Mr. Shivam Sahay, learned counsel for the petitioner, Ms. Amrita Kumari, A.C to Dr. A.K. Singh for respondent no. 2, Rajesh Kumar Singh, A.C to learned G.P. VI for the State of Jharkhand and Mr. S.P. Roy, learned G.A. (Bihar) for respondent no. 5. 2. The petitioner has preferred this writ petition for direction upon the respondents to make payment to the petitioner under the following heads: (a) 2nd ACP which was due in the year 1998 (b).3rd ACP which was due in the year 2008 (c)Arrears of Pay for the month of January, 2007, November, 2007, December, 2007, January, 2008, February, 2008, March, 2008 and April, 2008 and during this period petitioner was posted under Palamu at Daltonganj District Office. (d) All benefits relating to 6th Pay Revision Commission from 01.01.2006. (e) As per 6th Pay Revision Commission, the amount of Gratuity has been enhanced from 3.5 lakhs to Rs. 10 lakhs and petitioner has not been paid any Gratuity till date (f) Leave encashment equivalent to salary of 300 days (g) Arrears of pay during the period of Suspension from 30.12.2006 to 01.11.2007 (h) Subsistence allowance for the period from 30.12.2006 to 01.11.2007; & (i) Departmental Transportation Bill for an amount of Rs. 5,24,316/-, which has been sanctioned for payment in favour of petitioner vide Advice No. 7838 dated 27.08.2010 by the Managing Director, Bihar State Food and Civil Supplies Corporation, Patna and received in the Headquarter at Daltonganj. 3. The petitioner has retired on 31.08.2009. The petitioner was earlier working with the Bihar State Food and Civil Supplies Corporation, Patna, which was being operated in both the State. At the time of bifurcation of the State of Bihar in the year 2000, the petitioner was posted at Palamau which is falling in the territory of State of Jharkhand. 4. Mr.
The petitioner was earlier working with the Bihar State Food and Civil Supplies Corporation, Patna, which was being operated in both the State. At the time of bifurcation of the State of Bihar in the year 2000, the petitioner was posted at Palamau which is falling in the territory of State of Jharkhand. 4. Mr. Roy, appearing for the State of Bihar submits that the Jharkhand State Food & Civil Supplies Corporation Ltd has issued a notification vide memo dated 4.2.2016 wherein it has categorically been stated that all monetary benefits including the post retiral dues of the employees who were working after 14.11.2000 within the jurisdiction of Jharkhand and have retired thereafter, shall be paid by the Jharkhand State Food & Civil Supplies Corporation Ltd. In the light of such decision, as arrived between Bihar State Food & Civil Supplies Corporation Ltd and Jharkhand State Food & Civil Supplies Corporation Ltd, the claim of the petitioner is to be settled by the Jharkhand State Food & Civil Supplies Corporation Ltd. 5. Learned counsel appearing for the Jharkhand State Food & Civil Supplies Corporation Ltd submits that it is admitted position that Jharkhand State Food & Civil Supplies Corporation Ltd is to pay all retiral dues. Learned counsel referring to 2nd supplementary counter affidavit filed on behalf of respondent 2 further submits that payment against the head of gratuity, unutilized leave salary and other retiral dues have been paid. So far claims relating to grant of 6th pay revision is concerned, that has been granted by the Jharkhand State Food & Civil Supplies Corporation Ltd w.e.f 01.09.2013, but the petitioner retired prior to 01.09.2013. 6. Seeing the nature of prayer made in this writ petition and the pleading available on record, it appears that the petitioner has substantially been paid the retiral dues. However, in the writ petition there is no specific averments with regard to the each and every prayer made in the writ petition and as to how the petitioner is entitled to get such benefits. In such circumstances, no prospective direction can be given to the respondents for making payment, as prayed for in the writ petition. 7.
However, in the writ petition there is no specific averments with regard to the each and every prayer made in the writ petition and as to how the petitioner is entitled to get such benefits. In such circumstances, no prospective direction can be given to the respondents for making payment, as prayed for in the writ petition. 7. However, if the petitioner feels that any amount is still payable to him, he is at liberty to submit a detailed representation along with all supporting documents in his claim, before the respondent-Jharkhand State Food & Civil Supplies Corporation Ltd within a period of three weeks from the date of receipt of this order. If such representation is submitted before respondent-Jharkhand State Food & Civil Supplies Corporation Ltd, the Corporation shall take appropriate decision within a period of eight weeks from the date of receipt of such representation. Copy of such decision shall be communicated to the petitioner within a period of two weeks thereafter. 8. With the aforesaid observations and directions, the writ petition stands disposed of.