Citation : 2022 Latest Caselaw 794 Jhar
Judgement Date : 2 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 5217 of 2018
(Rita Devi Vs. the State of Jharkhand & Ors.)
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioner : Mr. Anil Kuma Sinha, Advocate For the Respondents : Mr. Nehru Mahto, AC to SC
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08/ 02.03.2022 It has been vociferously argues, Mr. Anil Kumar Sinha, learned senior counsel for the petitioner that though the husband of the petitioner was terminated and subsequently died, it was not open for the respondent- authorities to withhold the entire retiral benefits in absence of any proceedings under the Pension Rules. In support his arguments, learned senior counsel places heavy reliance on the judgment of this Court passed in W.P.(S). No. 1492 of 2012 and also the judgment of Hon'ble Apex Court passed in (2018) 9 SCC 529.
Learned counsel for the respondents vehemently opposes the contention of learned senior counsel for the petitioner and submits that since the order of termination has not been challenged in the instant case, petitioner is not entitled for any retiral benefits after termination. However, learned counsel seeks some time to file counter-affidavit.
As prayed, list this case after three weeks i.e. 29.03.2022, under the heading "For Admission".
(Dr. S.N. Pathak, J.) Kunal/
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