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2025 DAILYLAW 9356 (JHR)

AWADH NARAYAN RAM v. THE STATE OF JHARKHAND

WPC/1426/2019 · 2025-08-26

Deepak Roshan

body2025

Judgment text

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2025:JHHC:25430 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1426 of 2019 Awadh Narayan Ram, aged about 63 years, son of late Ganesh Ram, resident of Village-Sujanpur, PO-Badhia Shankarpur, PS-Indrapuri, District-Rohtas (Sasaram). ... … Petitioner(s) Versus 1.The State of Jharkhand 2.The Secretary, Health, Medical Education and Family Welfare, Department, Nepal House PO+PS-Doranda, District-Ranchi 3. The Director-In-Chief, Health Services, Jharkhand, Ranchi, PO+PS- Namkum, District-Ranchi 4. Chief Maleria Officer, Jharkhand, Ranchi, PO+PS-Doranda, District- Ranchi 5. The District Maleriaya Officer, Medninagar, Palamau, PO+PS- Medninagar, District-Palamau at Dlatonganj 6. Accountant General (A & E), Jharkhand, Ranchi, PO+PS-Doranda, District-Ranchi … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Peeyush Krishna Choudhary, Advocate For the Respondent(s) : Mr. H. K. Mehta, Advocate Mr. Suresh Kumar, Advocate -------- Order No. 6/Dated: 26th August 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “1(i) For payment of 60% dues arrear amount as per 6th pay revision. (ii) For payment of differences of arrear amount as per 7th pay revision in the head of salary, gratuity, P.F., leave encashment and pensionary benefits etc. (iii) For payment of MACP benefits, which is due since 2008. (iv) For payment of due salary for the period of 01.04.1997 to November 2000 and also of the dues of salary of the month of February 2013. (v) For re-fixation of pension on the basis of MACP as well as 7th pay revision. (vi) For the petitioner is entitled for the release of above said due legal amount with statutory interest. And For any other relief or reliefs, which the petitioner is legally entitled for in 2025:JHHC:25430 2 the facts and circumstances of the present case.” 2. Learned counsel for the petitioner submits that after retirement the petitioner has filed representations dated 01.06.2016 and 29.05.2017 with regard to payment of retiral dues including (i) payment of 60% dues arrear amount as per 6th pay revision, (ii) payment of differences of arrear amount as per 7th pay revision in the head of salary, gratuity, P.F, leave encashment and pensionary benefit etc., (iii) payment of MACP benefits due since 2008, (iv) payment of due salary for the period of 01.04.1997 to November 2000 and also of the dues of salary for the month of February 2013, (v) re-fixation of pension on the basis of MACP as well as 7th pay revision and (vi) for release of the above said due legal amount with statutory interest but still no action has been taken by the respondent authorities. As such, he submits that the petitioner may be given liberty to approach the concerned respondent for redressal of his grievance by filing a fresh representation. He further submits that the instant writ application may be disposed of by giving liberty to the petitioner to file a fresh representation before the concerned Respondent. 3. Learned counsel for the respondents does not object to the aforesaid contention of the petitioner. 4. Having regard to the aforesaid submissions and looking to the prayer made in the instant petition, the writ application is hereby disposed of by directing the petitioner to approach the 2nd Respondent by filing a fresh representation. Thereafter the 2nd Respondent shall take a decision with respect to the prayer made in this writ application in accordance with law and applicable rules and regulations after making proper verification of records by passing a reasoned and speaking order. The entire exercise shall be completed within a period of 12 weeks from the date of receipt/production of such representation. 5. It goes without saying that the admitted dues, if any, which will 2025:JHHC:25430 3 accrue pursuant to the reasoned order, shall be paid to the Petitioner within a further period of 4 weeks. (Deepak Roshan, J.) Amit