Indra Kant Mishra vs State Of Jharkhand
2022 Latest Caselaw 4117 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                         W.P(S) No. 3713 of 2017
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Indra Kant Mishra .... .... Petitioner(s).

Versus

1. State of Jharkhand

2.The Principal Chief Conservator of Forest-cum-Executive Director, Waste Land Develop. Board, Jharkhand .... .... Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(s) : Mr. Manoj Tandon, Advocate Ms. Akanksha Priya, Advocate For the Respondent : Mrs. Darshana Poddar Mishra, AAG-I Mr. Rohit AC to AAG-I

10/11.10.2022 Both the parties submits that the case of the petitioner is covered by the judgment passed in LPA No. 168 of 2019 in the case of State of Jharkhand & Anr. Vrs. Ganesh Prasad Singh & Ors.

Be it noted that petitioner has superannuated with effect from 31st October, 2019.

Considering the aforesaid facts, State is directed to give all the benefits including ACP and MACP to the petitioner which he is legally entitled in terms of the judgment passed in LPA No.168 of 2019.

The interim order stands vacated. Be it noted that in LPA No. 168 of 2019 it has been ordered that the excess amount which has been paid and the petitioner has received, will not be recovered. The same principle should be applied in this case also. It is expected that within twelve weeks the legitimate dues of the petitioner in terms of the judgment passed in LPA No 168 of 2019 should be paid to him.

Accordingly, the instant writ application stands disposed of.

(ANANDA SEN , J) anjali/cp2