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Jawahar Prasad Vs State of Jharkhand and Others

Case No: Writ Petition (S) No. 1462 of 2013

Date of Decision: Aug. 19, 2013

Citation: (2013) 4 AJR 334

Hon'ble Judges: Aparesh Kumar Singh, J

Bench: Single Bench

Advocate: Vishal Kumar Tiwary, for the Appellant; Suresh Kumar, S.C.I., for the Respondent

Final Decision: Disposed Off

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Judgement

@JUDGMENTTAG-ORDER

Aparesh Kumar Singh, J.@mdashHeard learned counsel for the parties. The grievance of the petitioner is that though he has retired on 31st

January, 2012 from the post of Assistant Settlement Officer, Dumka, but his Post Retirement dues such as G.P.F., Pension, Gratuity, Leave

Encashment along with statutory interest etc. have not been paid till date.

2. Learned counsel for the respondents, in their counter-affidavit, have stated that some inquiry was initiated against him and after submission of

report the matter is pending before the competent authority, Revenue and Land Reforms, Government of Jharkhand and In the meantime, he has

been paid group insurance amount.

3. In the circumstances, without commenting anything on merits upon the claim of the petitioner for outstanding post retirement dues, the writ

petition is disposed of with liberty to the petitioner to approach the respondent No. 2, Principal Secretary, Land & Revenue Department, Govt. of

Jharkhand, with a fresh representation together with all supporting facts and documents, within a period of 3 weeks for redressal of his grievances

relating to the payment of post retirement dues. On receipt of such representation along with a copy of this order, the respondent No. 2, Principal

Secretary, Land & Revenue Department, Govt. of Jharkhand shall consider the same in accordance with law and after verification of the records

of the petitioner pass a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner.

4. Needles to say that if any of the amounts claimed by him are found to be genuine and legally admissible on account of post retirement dues and

other arrears of service benefits and there are no other legal impediments, the same shall be paid to the petitioner within 8 weeks thereafter.

Accordingly, the writ petition stands disposed of in the aforesaid term.