IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 217 of 2023
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Capt. (Dr.) Arun Kumar Singh son of Late Rajnath Singh, resident of Kripal Darshan, Jail Road, Karamtoli, Near Circuit House, PO GPO PS Lalpur, District Ranchi.
... Petitioner
-versus-
1. The State of Jharkhand.
2. The Principal Secretary, Health and Family Welfare Department, Government of Jharkhand, Office at Nepal House, Doranda, Ranchi.
3. The Director, Health and Family Welfare Department, Government of Jharkhand, Office at Nepal House, Doranda, Ranchi.
... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Shadab Bin Haque, Advocate For the Respondents : Ms. Shreshtha Mehta, AC to SC II
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02/ 25.01.2023 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Petitioner, in this writ petition, prays for a direction upon the respondents to count the past service of the petitioner from 24.08.1971 to 24.08.1974, which was rendered by him in Indian Army for purposes of pensionary and other benefits. Further, the petitioner prays that all his retiral benefits be recalculated and arrears be paid, considering and adding the period of 3 (three) years, which was served by him in the Indian Army.
3. Counsel for the petitioner submits that from 24.08.1971 to 24.08.1974, petitioner was commissioned as Officer in Short Service Commission. After completion of said tenure, he joined as a Civil Assistant Surgeon in the State and served from 24.08.1974 till his superannuation, i.e., on 31.03.2007. It is grievance of the petitioner that the period, which the petitioner had spend in Indian Army, i.e., from 24.08.1971 to 24.08.1974 is not being counted for the purpose of his retirement benefits. Counsel for the petitioner submits that similarly situated persons approached this Court in W.P.(S) No.2830 of 2019 wherein order was passed to count the past services in the Indian Army. The said order was accepted by the State and a notification was issued on 08.01.2020, but, this petitioner has been forced to approach this Court for the same relief, which the respondents should have accorded.
-: 2 :-4. Counsel for the State-respondents submits that if the petitioner approaches respondent No.2 by filing a representation annexing a copy of the order passed by this Court in W.P.(S) No.2830 of 2019 and the notification along with other documents, if any, showing similar treatment meted to others, case of the petitioner will be considered and appropriate order considering the aforesaid judgment will be passed.
5. Considering the aforesaid submission, I direct the petitioner to approach respondent No.2 by filing a representation annexing judgment passed by this Court and consequent orders which the State has passed in compliance of the said order within four weeks from today. If such representation is filed, same should be considered and disposed of on merits within a period of six weeks. If it is found that the petitioner is entitled to any monetary benefit, same should be accepted within two weeks. If any part of the claim of the petitioner is denied, reasons thereof should also be communicated.
6. With the aforesaid observations and directions, this writ petition stands disposed of.
(Ananda Sen, J.) Kumar/S.K/Cp-02