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Judgment
18 paragraphs · 343 wordsHeard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Santosh Kumar Jha, A.C. to Mr. Mahavir Prasad Sinha, learned counsel for
the 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 to pay full salary with all consequential benefits for the suspension
period from 16.11.2005 to 31.01.2007. The petitioner has been exonerated from the charge levelled against him. Prayer has also been made in this
writ petition for payment of rest retiral benefits viz. arrear of ACP/MACP, Provident Fund deposited with the trusty, difference amount of 50% of
D.A. and other admitted service dues if any.
Learned counsel for the petitioner submits that the petitioner earlier moved before this Court in W.P.(S) No.1790 of 2011 and pursuant to the direction
of this Court, certain amount has been paid but the decision on the salary of the petitioner during suspension period has not been taken as yet. Rest of
the retiral dues as prayed in the writ petition are also need to be decided.
Mr. Jha, learned counsel for the respondents-JMADA refers to Annexure-8 and submits that reasoned order has already been passed.
The Court has perused the Annexure-8 which is not reasoned order, it is only statement of fact with regard to the amount to be paid to the petitioner.
In view of above fact, the petitioner is directed to file fresh representation before the respondent no.1 within a period of four weeks with all the
prayers made in the writ petition. If such representation is filed within the aforesaid period, the respondent no.1 shall take decision in accordance with
rules, regulations and guidelines and scheme of JMADA within a period of eight weeks thereafter.
With the above observation and direction, this writ petition stands disposed of.