Jharkhand High Court
Kameshwar Prasad Yadav vs The State Of Jharkhand Through Its ... on 21 January, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 68 of 2025
Kameshwar Prasad Yadav, son of late Deo Nandan Prasad Yadav, resident
of 20, Ashok Vihar Extension, West Argora, P.O and P.S. Argora, District-
Ranchi. ............ Petitioner(s).
Vs.
1. The State of Jharkhand through its Secretary, Animal Husbandry and
Fisheries Department, Govt. of Jharkhand, at Nepal House, Doranda,
Ranchi.
2. The Joint Secretary, Animal Husbandry and Fisheries Department, Govt. of
Jharkhand, at Nepal House, Doranda, Ranchi.
3. The Director, Animal Husbandry and Fisheries Department, Govt. of
Jharkhand, at Nepal House, Doranda, Ranchi.
4. The District Animal Husbandry Officer, Hazarigabh, P.O and P.S and
District- Hazaribagh, Jharkhand.
5. The Accountant General, Jharkhand, Doranda, Ranchi...... Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the petitioner(s): Mr. Rahul Kumar, Advocate.
For the Respondent(s): Mr. Indranil Bhaduri, SC-IV
For A.G. M/s Oishi Das and Amartya Choubey, Advocates.
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04/21.01.2025: Heard the learned counsel for the parties.
2. By way of filing this writ petition, the petitioner has prayed for
direction upon the respondents to revise and re-compute the pension and
gratuity of the petitioner taking into account the annual increment payable to
the him during the period from 30.1.2002 to 30.4.2004 with a further direction
to the respondent authorities to pay the arrears of difference of salary minus
the subsistence allowance for the period of suspension. The petitioner also
prays for computation of his retiral dues including his pension, gratuity and
leave encashment and to consequently revise and replace the same in terms
of 6th and 7th Pay Revision.
3. Learned counsel for the petitioner submits that the petitioner has
approached this Court only after he has been acquitted in criminal case being
R.C 47(A) of 96-Pat and R.C 48(A)/96-Pat, pursuant to the judgment dated
15.2.2022 and 28.8.2023. He further submits that now the respondents have
to take a decision in view of the aforesaid judgment whether to proceed
against the petitioner as per Service Rules or not.
4. Considering the said submissions, I direct the petitioner to
approach the Secretary, Animal Husbandry Department, Govt of Jharkhand,
Ranchi to take a decision on the representation of the petitioner considering
the fact that the petitioner has already been acquitted in both criminal cases.
5. In that view, I direct the petitioner to file a fresh representation
within four weeks before the the Secretary, Animal Husbandry Department,
Govt of Jharkhand, Ranchi. The respondent will take a decision within a period
of six weeks thereafter considering the same as per law and the judgments of
criminal trial and the said decision should be communicated to the petitioner. If
it is found that the petitioner is entitled to any relief, the same should be
extended to him within the said period.
6. With the aforesaid observation and direction, this writ petition
stands disposed of.
Anu/-Cp2. (ANANDA SEN, J. )
