Dinesh Singh vs The State Of Jharkhand
2024 Latest Caselaw 1620 Jhar

Jharkhand High Court

Dinesh Singh vs The State Of Jharkhand on 17 February, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

                                                       W.P.(S) No.1489 of 2022




IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   W.P.(S) No.1489 of 2022
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Dinesh Singh, aged about 61 years, son of Late Kewal Singh, resident of Kandu Mohalla, Near Mahila Silai Centre, Post Belwatika, Police Station Medninagar, District Palamau ... Petitioner Versus

1. The State of Jharkhand.

2. The Secretary, Rural Works Department, Government of Jharkhand, Ranchi officiating from Nepal House, Post Doranda, Police Station Doranda, District Ranchi;

3. The Engineer-In-Chief-cum-Special Secretary, Rural Works Department, Government of Jharkhand, Ranchi officiating from Nepal House, Post Doranda, Police Station Doranda, District Ranchi;.

4. The Superintending Engineer, Rural Works Department, Work Circle, Daltonganj officiating from Daltonganj, Post Daltonganj, Police Station Daltonganj, District Palamau;

5. The Executive Engineer, Rural Works Department, Work Division, Daltonganj officiating from Daltonganj, Post Daltonganj, Police Station Daltonganj, District Palamau;

6. The Accountant General, Jharkhand, Ranchi, officiating from A.G. Office, Doranda, Post Doranda, Police Station Doranda, District Ranchi;

7. The Senior Accounts Officer, Accountant General, Jharkhand, Ranchi officiating from A.G. Office, Doranda, Post Doranda, Police Station Doranda, District Ranchi ... Respondents

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For the Petitioner : Mr. Samavesh Bhanj Deo, Advocate For the Respondents : Mr. Munna Lal Yadav, SC (L&C)-III Mr. Rahul Dev, AC to SC (L&C)-III Mr. Arvind Kr. Mehta, Advocate (For Accountant General)

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                                                 PRESENT
                          HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


By the Court:-              Heard the parties.

2. This Writ Petition has been filed under Article 226 of the Constitution of

India inter alia with a prayer for issuance of an appropriate writ/rule/direction

commanding upon the respondents to immediately and forthwith pay the

entire post retiral dues to the petitioner counting the period he worked in the

work charge establishment.

3. Learned counsel for the respondent Nos.1 to 5 submits that in the

paragraphs-11 and 12 of the supplementary counter-affidavit dated 18.12.2023

it is mentioned that the State of Jharkhand vide Resolution No.128 dated

17.07.2023 issued by the Department of Finance, has decided that the entire

period of service rendered in work change establishment by an employee taken

into regular establishment will be counted for the pension and gratuity.

4. In view of this submission made by the learned counsel for the

respondent Nos.1 to 5, this Writ Petition is disposed of in terms of the said

resolution passed by the respondents and the respondents are directed to take

a decision to make the fixation of the entire post-retiral dues of the petitioner

counting the period he worked in work charge establishment for such fixation;

within three months from the date of receipt/production of this judgment.

5. This Writ Petition stands disposed of accordingly.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi Dated the 17th of February, 2024 AFR/ Animesh