Salomi Kindo vs The State Of Jharkhand & Ors
2021 Latest Caselaw 3720 Jhar

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        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P.(S) No. 7223 of 2013
        Salomi Kindo                               ..... Petitioner
                                  Versus
        The State of Jharkhand & Ors.                ..... Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. Shekhar Pd. Sinha, Advocate For the Respdts. :Mr. Shubham Mishra, AC to SC (Mines)-II

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21/ 30.09.2021 Heard through V.C.

2. During course of hearing learned counsel for the

respondent State draws attention of this Court towards para 15

of the counter affidavit dated 18.12.2019 and submits that a

letter has been written to the Deputy Director, Primary

Education on 19.10.2019 itself, however, the answering

respondent has not received any reply.

The law is now well settled that if any person has

worked for so many years and no notice has been issued during

the currency period of his service; then the said employee will

not be denied the pensionary benefit. Reference in this regard

may be given of the case of Ratni Oraon & Anr. versus State of

Jharkhand (W.P.(S) No.7818 of 2012) wherein the Writ Court

has directed the respondents to give the entire benefit when

there was no fault of the employee with regard to taking

appointment and since no notice was ever served to her during

the service period and the legal heirs of the employee was

allowed for the consequential benefits.

3. In view of the aforesaid circumstances, learned

counsel for the respondent is directed to seek instruction with

regard to the query made by the District Superintendent of

Education from the Deputy Director of Education. It is

expected that the Deputy Director of Education, who is sitting

tight over the matter on the said application of the District

Superintendent of Education, shall pass a necessary order

taking into consideration the judgment passed in the case of

Ratni Oraon (supra), inasmuch as, the case of Ratni Oraon has

attained finality.

4. Put up this case on 01.11.2021.

(Deepak Roshan, J.)

Pramanik/