Md. Hasim Khan vs Jharkhand Mineral Area Development Authority And Ors

Heard Mr. Zaid Ahmed, learned counsel for the petitioner and 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 provident fund with contributory benefits, gratuity, leave encashment, group insurance, difference of dearness allowances, benefits of 6th pay revision w.e.f 01.01.2006, benefits of 7th pay revision w.e.f 01.01.2016, benefits of ACP as per the letter no. 526 dated 31.12.2007 issued by the Managing Director, MADA as well as any other legitimate due to which the petitioner is entitled alongwith a cost of litigation and 12% interest upon the due amount from the date of his retirement on 28.02.2019 till the date of payment.

Mr. Zaid Ahmed, learned counsel for the petitioner submits that the petitioner was appointed in the year 1981 under the Jharkhand Mineral Area Development Authority. The petitioner was superannuated on 28.02.2019 from the post of Pump Khalasi. He further submits that after his retirement petitioner preferred representation in view of annexure-2 of the writ petition, but no decision has been taken as yet.

Mr. Mahavir Prasad Sinha, learned counsel for respondents- JMADA submits that the petitioner may be directed to file fresh representation before respondent no.2 for needful who 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 respondent no.2 will take decision in accordance with rules, regulations, guidelines and the schemes framed in this regard by JMADA for release of the admitted dues within a period of eight weeks thereafter. It goes without saying that if the decision is taken in favour of the petitioner, the benefit of the same shall be accrued in favour of the petitioner within a period of six weeks thereafter.

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