AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the parties through V.C.
The instant writ application has been preferred for a direction upon the respondents to pay the entire retiral dues and other service benefits of the petitioner along with the interest.
At the very outset, learned counsel for the petitioner draws attention of this Court to paragraphs 5 and 6 of the counter-affidavit filed by the respondent State which transpires that 80% of the entire retiral dues has been paid to the petitioner and rest 20% was retained by them due to the reason that one complaint was filed by one Sarweshwar Saha disputing the date of birth of the petitioner. He further submits that it was the specific case of the respondents that once the said issue will be resolved, the remaining 20% shall be paid to the petitioner. Learned counsel further submits that the complainant-Sarweshwar Saha also filed a writ application making similar allegation against the petitioner which was registered as W.P.(S) No. 35 of 2016. The said writ application has since been dismissed, now there should not be any legal impediment to the respondents in paying the balance 20% of the retiral dues and other service benefits to the petitioner.
Learned counsel for the State does not dispute the aforesaid contention and submits that since now the writ petition filed by the said complainant has already been dismissed as such, the respondent will initiate the process of payment of balance 20% to the petitioner.
In view of the aforesaid facts and submissions of the learned counsel for the parties, I hereby direct the respondent No.-4-Deputy Commissioner, Panchayati Raj Department, Government of Jharkhand, Ranchi, to release the balance 20% of the pensionary benefits and other service benefits to the petitioner within a period of twelve weeks from the date of receipt of copy of this Order.
With the aforesaid direction this writ application is allowed and disposed of.