Harendra Prasad Sinha vs State of Jharkhand and Others

D.N. Patel, J.—Learned Counsel for the Petitioner submitted that suffice it will be for disposal of the present writ petition, if a direction is given to Respondent No. 2 to treat this writ petition as a representation and to decide the claim of the Petitioner, in accordance with law, within the stipulated time, as given by this Court.

I have heard learned Counsel for the Respondents, who has submitted that they have no much objection, if such a direction is given to Respondent No. 2 to treat this writ petition as a representation and to decide the claim of the Petitioner, in accordance with law, within the stipulated time, as given by this Court.

In view of the aforesaid submissions, I hereby direct Respondent No. 2, Secretary, Human Resources Department, Government of Jharkhand, Ranchi, to treat this writ petition as a representation along with its Annexure and to decide the claim of the present Petitioner for grant of family pension at an enhanced rate, due to revision in the pay scale as per the recommendation of the 6th Pay Revision Committee as also the claim that from January, 2010 whatever family pension was legally being paid to the Petitioner has been stopped, in accordance with law, rules, Regulations, policies and the enforceable government orders, applicable to the Petitioner, after giving an adequate opportunity of being heard to the Petitioner or to his representative, as expeditiously as possible and practicable, preferably within a period of four weeks from the date of receipt of a copy of the order of this Court and thereafter, all the necessary papers will be sent to the office of Respondent No. 5 i.e. Accountant General, Jharkhand, who, in turn, will take decision with respect to revision of family pension, in accordance with law.

This writ petition stands disposed of, in view of the aforesaid directions.