High CourtsSingle Bench(2018) 04 JH CK 0053

SUMESHWAR SHARMA vs STATE OF JHARKHAND

Jharkhand High Court · Decided on 2 April 2018

HON’BLE JUDGES
SHREE CHANDRASHEKHAR, J
RESULT
Disposed Of
CASE NUMBER
W.P.(S) No. 3669 of 2017

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Judgment

13 paragraphs · 260 words
1.

The petitioner is aggrieved of order contained in letter dated 27.05.2014.

2.

The petitioner has superannuated from service on 28.02.2014. He has been granted provisional pension at the rate Rs.12,950/- per month vide order

dated 27.05.2014. His grievance is that on his retirement full pension and other post-retiral benefits have not been paid to him. In the counter-affidavit,

the respondents have pleaded that during audit objection when promotions granted to several persons except 56 by the committee was found not

correct, a committee was constituted to look into the matter and that is the reason final pension to the petitioner and other similarly situated employees

has not been paid. It is pleaded that on 22.01.2018 a committee consisting of Engineer-inchief (Generation), Advisor (Human Resources), Financial

Controller-I and Joint Secretary-II, Jharkhand Urja Sancharan Nigam Limited has been constituted, which in the light of decision dated 21.11.2017

shall take a final decision on payment of pension/family pension, on case to case basis.

3.

In view of the decision taken by the respondents on 21.11.2017 under which case of the employees like the petitioner who did not fulfill requisite

qualification for promotion shall be scrutinised, this Court at this stage cannot adjudicate legality of the impugned order dated 27.05.2014 and the writ

petition stands disposed of with direction to the Managing Director, Jharkhand Urja Vikash Nigam Limited to ensure that the committee constituted

vide order dated 22.01.2018 takes a decision on the claim of the petitioner and other similarly situated employees within next three months.

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