The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1861 of 2023 With I.A. No. 3738 of 2023 With I.A. No. 4749 of 2023 1. Md. Hakim @Abdul Hakim aged about 64 years son of Ismail, resident of Majhar Tola, P.S. Sahebganj, P.O. Sahebganj, District Sahebganj. 2. Tahir Ali aged about 68 years son of Tayyab Ali, resident of Majhar Tola, P.S. Sahebganj, P.O. Sahebganj, District Sahebganj. 3. Gulam Rasul aged about 83 Years son of Md. Ismail, resident of Dusadh Para, P.o. and P.S. Sahebganj, District Sahebganj. 4. Panchu Hari aged about 63 years son of Late Shibu Hari, resident of North Colony, P.O. and P.S. Sahebganj, District Sahebganj. 5. Siyaram Singh aged about 69 years son of Chunchun Singh, resident of Majhar Tola, P.S. Sahebganj, P.O. Sahebganj, District Sahebganj. 6. Pradeep Kumar Acharya aged about 64 years son of Prafulla Kumar Acharya, resident of New Tola, Purani Sahebganj, P.O. and P.S. Sahebganj, District Sahebganj. 7. Raj Kumar Singh aged about 65 years son of Late Raghu Nandan Singh, resident of Sahebganj, P.O. and P.S. Sahebganj, District Sahebganj. 8. Chandan Srivastava aged about 62 years son of Jitendranath Sriavasstava, resident of near Chiti Durga Sthan, Sastri Nagar, P.O. and P.S. Sahebganj, District Sahebganj. Versus … … Petitioners 1. The State of Jharkhand. 2. Secretary, Department of Urban Development and Housing, Government of Jharkhand, Project Building, P.o. and P.S. Dhurwa, District Ranchi, Jharkhand. 3. Nagar Parishad Sahebganj through its Executive Officer, P.O. and P.S. Sahebganj, District Sahebganj, Jharkhand. 4. Executive Officer, Nagar Parishad Sahebganj, P.O. and P.S. Sahebganj, District Sahebganj, Jharkhand. 5. Deputy Commissioner, Sahebganj, P.O. and P.S. Sahebganj, … Respondents District Sahebganj, Jharkhand. … --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioners For the Respondents
Legal Reasoning
--- : Ms. Rajni Singh, Advocate : Mr. Rahul Dev, AC to SC (L&C)-III --- 05/12.04.2024 I.A. No. 3738 of 2023 1 1. Learned counsel for the petitioners submits that this interlocutory application has been filed on behalf of five persons with a prayer for adding their name as petitioners in this case. Names of those five persons are as under: “1. Arun Mehtar, Son of Madhu Harijan 2. Shanti Devi, Wife of Late Bhola Prasad Mandal 3. Suprakash Bhattacharya, C/o- K.P. Bhattacharya 4. Munsi Singh, Son of Yadunandan Singh 5. Puran Mehtar, Son of Shibu Harijan” 2. This Court is not inclined to allow the interlocutory application as each of the persons who approach this Court through writ petition have to make necessary averments regarding their cause of action and other formalities like court fees, etc. is also required to be complied. 3. 4. Accordingly, this interlocutory application is dismissed. However, liberty is reserved with the persons who have moved the interlocutory application to seek their remedy in accordance with law by filing appropriate writ petition or by moving appropriate authority for redressal of their grievance. I.A. No. 4749 of 2023 5. Learned counsel for the petitioners submits that this interlocutory application has been filed on behalf of five persons with a prayer for adding their names as petitioners in this case. Names of those five persons are as under: “1. Lakshman Prasad Tanti, Son of Banarsi Tanti 2. Rajendra Prasad Yadav, Son of Bhola Yadav 3. Mohammad Daud, Son of Md. Isahak 4. Mohammad Sahadat Hussain, Son of Mohammad Safik 5. Bateshwar Gope, Son of Ramavtar Gope” 6. This Court is not inclined to allow the interlocutory application as each of the persons who approach this Court through writ petition have to make necessary averments regarding their cause of action and other formalities like court fees, etc. is also required to be complied. 7. Accordingly, this interlocutory application being I.A. No. 4749 of 2023 is also dismissed. 2 8. However, liberty is reserved with the persons who have moved this interlocutory application to seek their remedy in accordance with law by filing appropriate writ petition or by moving appropriate authority for redressal of their grievance. W.P.(S) No. 1861 of 2023 Learned counsel for the parties are present. 9. 10. This writ petition has been filed for the following reliefs: “For issuance of appropriate Writ or Writs, direction or directions, order or orders commanding the Concern Respondents to immediately pay Leave Encashment, Gratuity and Provident Fund amount with 10% interest per annum to the Petitioners because all Petitioners are retired from the service of Nagar Parishad, Sahebganj and even after several years of their retirement Respondents have not paid them aforesaid due amount, without any proper reasons.” 11. The learned counsel for the petitioners submits that the petitioners have retired from the service of Nagar Parishad, Sahebganj on different dates and after retirement, all the petitioners were getting their pension from Nagar Parishad, Sahebganj and the name of the petitioners also reflects in letter no. 198 dated 06.02.2023. 12. It is the case of the petitioners that from the date of their retirement, several years have passed but till date, the respondents have not paid the amount of provident fund, gratuity and leave encashment for which the petitioners have approached the respondents on several occasions. The learned counsel submits that in this regard, Secretary, Urban Development and Housing Department, Government of Jharkhand vide letter dated 05.08.2021 had directed the executive officers of Nagar Parishad and other concerned authorities to pay gratuity, provident fund and salary from the fund of the municipality and thereafter, the petitioners have been filing their representations and raising their grievance before the respondent nos. 3 and 4, but no action has been taken. 13. The learned counsel for the respondent- State has submitted that as per the counter-affidavit, the Urban Development and Housing Department, Government of Jharkhand has issued another letter no. 1517 dated 24.04.2023 directing the Executive Officer, Sahebganj Nagar Parishad to file counter-affidavit. He submits that it has been specifically mentioned in paragraph 8 of the aforesaid counter- 3 affidavit that in the light of letter no. 2679 dated 17.12.2008 and notification no. 973 dated 06.02.2017 a direction was issued to the urban local bodies vide letter no. 2541 dated 24.06.2019 that decision regarding fixation and payment of pensions/gratuity of Municipal employees are to be taken at the level of the concerned Urban local body. He submits that the State has nothing to do in the matter and it is for the respondent nos. 3 and 4 to take a call and pass an order. 14. After hearing learned counsel for the the parties and considering the facts and circumstances of this case, this Court finds that certain post-retiral benefits have been paid to the petitioners but a part of their claim has not been paid and they have been representing before respondent nos. 3 and 4 for redressal of their grievances, but no adverse order has been placed on record. 15. As per the counter-affidavit filed on behalf of the State, the matter is to be essentially taken up by the respondent nos. 3 and 4 and the State Government has nothing to do in the matter. 16. Accordingly, this writ petition is disposed of enabling the petitioners to approach respondent no. 4 by filing a representation along with a copy of the writ records and also a copy of this order. Upon filing of representation, the respondent no. 4 is directed to grant an opportunity of hearing to one representative of the petitioners and pass a reasoned order with regards to the claim of the petitioners in accordance with law as per applicable circular, guidelines etc. within a period of four weeks from the date of such representation. The reasoned order be communicated to the petitioners through speed post. 17. It is made clear that this Court has not gone into the entitlement or otherwise of the claim of the petitioners and it is open to the
Decision
respondent no. 4 to pass appropriate order in accordance with law. 18. This writ petition is accordingly disposed of. Pankaj (Anubha Rawat Choudhary, J.) 4