Lal Manjhi vs Jharkhand Mineral Area Development Authority And Ors

Heard Mr. Rohan Mazumdar, learned counsel for the petitioner and Mr. Santosh Kumar Jha, A.C. to Mr. Mahavir Prasad Sinha, learned counsel for

respondents-JMADA.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioner has preferred this writ petition for direction upon the respondents for payment of retirement benefits and other dues such as arrears of

salary, Provident Fund (Deposited and Un-deposited, Provident Fund with interest on the un-credited amount, group insurance with compound interest,

amount of leave encashment, amount of unused Earned Leave, amount of gratuity, difference amount on account of merger of 50% D.A. in basic

pay, arrears of Dearness Allowance, difference amount of revised pay from 01.01.1996 on account of 6th Pay Revision, difference amount of revised

pay from 01.01.2006 on account of 6th Pay Revision, difference amount of revised pay from 01.01.2016 on account of 7th Pay Revision, Dearness

Allowance from January, 1993 to March, 1997, arrears of regional allowance from April, 1991 to August, 1995, arrears of interim maintenance from

April, 1995 to December, 1995, amount of increment on account of stagnation of pay, arrears of the Dearness Allowance from January, 2009 to

March, 2020, arrears of Dearness Allowance, benefit of Assured Career Progression, statutory, compensatory and penal interest on the

aforementioned amounts and other benefits.

Mr. Mazumdar, learned counsel for the petitioner submits that the petitioner was working as Khalasi in Technical Member Cell under Jharkhand

Mineral Area Development Authority (JMADA) and he superannuated on 31.03.2020. He submits that several representations dated 20.02.2020,

19.05.2020 and 28.05.2020 have been filed but no payment has been made.

Mr. Santosh Kumar Jha, A.C. to Mr. Mahavir Prasad Sinha, learned counsel for respondents-JMADA submits that the petitioner may be directed to

file fresh representation and respondents-JMADA will consider the case of the petitioner in accordance with rules, regulations, guidelines and the

schemes framed in this regard by JMADA.

Accordingly, the petitioner is directed to file fresh representation before respondent no.2 with all the credentials within three weeks. If such

representation is filed within the aforesaid period the respondents-JMADA will take decision in accordance with rules, regulations, guidelines and the

schemes framed in this regard by JMADA within a period of eight weeks thereafter.

With the above observations and directions, this writ petition stands disposed of.