Swarnalata Mery Toppo vs The State of Jharkhand and Others

D.N. Patel

Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I hereby permit the present petitioner to join the office of the Accountant General, State of Jharkhand, Ranchi as a partyrespondent no. 5.

Necessary amendment shall be carried out by red ink in the original writ petition, during course of the day.

I.A. No. 3742 of 2010 is, accordingly, allowed and disposed of.

W.P. (S) No. 4516 of 2009

Notice to the newly joined partyrespondent no. 5.

Mr. S. Shrivastava, learned counsel, waives notice on behalf of respondent no. 5.

Learned counsel for the petitioner submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondent no. 2 to treat this writ petition as a representation and decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law and within stipulated time, as given by this Court.

I have heard learned counsel for the respondents, who have 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 decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law and within stipulated time, as given by this Court.

In view of these submissions, I hereby direct respondent no. 2 (Secretary, Health Department, Government of Jharkhand, Ranchi) to treat this writ petition as a representation and decide the claim of the petitioner for payment of pension as well as gratuity as per 6th Pay Commission and upon calculation of this amount, necessary papers will be sent to the newly joined party i.e. respondent no. 5, who in his turn, will revise pension as well as gratuity in light of the 6th Pay Revision. This exercise will be completed by respondent no. 2 by passing a detailed speaking order, in accordance with law, rules, regulations, polices and Government enforceable orders, applicable to the petitioner, as expeditiously as possible and practicable, preferably within a period of eight weeks from the date of receipt of a copy of the order of this Court, after giving an adequate opportunity of being heard to the petitioner or to his representative, thereafter, necessary papers will be sent to the newly joined party i.e. respondent no. 5 within a period of one week, thereafter.

In view of the aforesaid directions, this writ petition is disposed of.