High CourtsSingle Bench(2016) 04 JH CK 0044

Sri Gajadhar Singh, S/o Late Deo Nandan Singh, Resident of Centry Office Putki, (M.A.D.A. Colony), P.O. Kaunda, P.S. Putki, Dist-Dhanbad vs Mineral Area Development Authority, through its Managing Director, Having its office at, Lubi Circula

Jharkhand High Court · Decided on 5 April 2016 · Citation: (2016) 2 AIRJharR 474

HON’BLE JUDGES
Pramath Patnaik, J.
RESULT
Disposed Off
CASE NUMBER
W.P.(S) No. 1577 of 2016.

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Judgment

7 paragraphs · 350 words

Pramath Patnaik, J. - Heard learned counsel for the parties.

2.

The petitioner, who was appointed on 13.10.1974 on the post of Khalasi, Water Supply Upper Division, Kusunda, under the respondent Mineral Area Development Authority, Dhanbad retired on 31.10.2015. The grievance of the petitioner is that post retirement dues such as Provident fund with contributory benefits, gratuity, leave encashment, group insurance, dearness allowance, benefits of 6th pay revision etc. and other benefits have not yet been paid to him, though he has made representation before the competent authority of MADA vide Annexures 2 and 3 dated 05.11.2015 and 28.01.2016 respectively.

3.

Learned counsel for the petitioner submits that since the representations of the petitioner did not evoke any response, the petitioner being constrained has approached this Court under Article 226 of the Constitution of India, for redressal of his grievances.

4.

Learned counsel for the respondents-M.A.D.A, on the other hand, submits that the petitioner may be directed to approach the competent authority i.e. Managing Director, M.A.D.A., who may look into the grievances of the petitioner in accordance with law.

5.

In such circumstances, since the matter relates to payment of certain post retiral dues and other service benefits of the petitioner, the writ petition is disposed of by allowing the petitioner to prefer fresh representation before the respondent-Managing Director, M.A.D.A, Dhanbad together with all supporting facts and documents within a period of three weeks. On receipt of such representation, the respondent-Managing Director, M.A.D.A shall consider the same in accordance law and after proper 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.

6.

It is made clear, if the grievances of the petitioner are found to be genuine and are entitled to legally admissible dues on account of post retirement dues and other service benefits, the same shall also be disbursed with statutory interest as per the Scheme framed by the respondent-M.A.D.A, which is applicable to retired employees of M.A.D.A.

7.

Accordingly, writ petition is disposed of in the aforesaid terms.