Radha Raman Singh vs The State Of Jharkhand
2021 Latest Caselaw 2570 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 712 of 2021
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            Radha Raman Singh                                ...Petitioner(s).
                                      Versus

1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, 1st Floor, Project Building, Dhurwa

2. The Principal Secretary, Dept. of Urban Development and Housing, 4th Floor, Project Building, Dhurwa, Ranchi

3. Jharkhand Mineral Area Development Authority through the Managing Director, Jharkhand Mineral Area Development Authority, LC. Road, Dhanbad

4. The Managing Director, Jharkhand Mineral Area Development Authority, LC Road, Dhanbad

5. The Secretary, Jharkhand Mineral Area Development Authority, LC Road, Dhanbad. ... Respondent(s)

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             CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                                Through: Video Conferencing
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For the Petitioner(s) : Mr. Baibhaw Gahlaut, Advocate. For the Respondents : Mr. Mahavir Prasad Sinha, Advocate

03/27.07.2021: In this case the petitioner has challenged annexure 6, order issued by JMADA wherein they have formulated a scheme to pay the retiral benefits in installment.

This Court vide order dated 07.07.2021 in W.P. (S) No. 4269 of 2018 has expressed his opinion that if retiral benefit is paid in installment, the very purpose of it get frustrated. Amount of retiral benefit, as per this Court has to be paid immediately on superannuation on lump sum basis and not on installment. This Court also in the aforesaid case has formulated the points which needs decision. It was also observed that as to whether the concept of lifting of veil can be applied in the case of retiral benefits, where the employer is a statutory body and the paramount control is of the State. Considering the Judgment passed by the Hon'ble Supreme Court in the Case of Kapila Hingorani Versus State of Bihar reported in (2003) 6 SCC 1, this Court referred the aforesaid writ application before the Division Bench.

Considering the submission of the parties as this issue involved in this case is similar, I am referring this matter to the Division Bench to be heard along with W.P. (S) No. 4269 of 2018.

Let this case be placed before Hon'ble Chief Justice for assigning it to appropriate Division Bench along with other applications.

(ANANDA SEN, J.) Rajnish/c.p. 2