The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6817 of 2023 1.Chiranji Lal Jaiswal, aged about 76 years, son of Late Giraja Prasad Jaiswal, resident of Barwadih, Tundi Road, P.O. Giridih, P.S. Giridih, District Giridih-815301. 2. Nepal Karmkar, aged about 76 years, son of Late Ghasiram Karmkar, resident of Rita Villa, Andudih, P.O. Pachamba, P.S. Giridih, District Giridih-815316. 3. Rajendra Prasad, aged about 74 years, son of Late Parmeshwar Prasad, resident of Kandu Tola, Durga Sthan ke Bagal, P.O. Pachamba, P.S. Giridih, District Giridih-815316. 4. Rehana Naz, aged about 64 years, wife of Late Aquil Ahmad, resident of Bishanpur, P.O. Pachambad, P.S. Giridih, District Giridih- 815316. 5. Jagdish Prasad Jaiswal, aged about 76 years, son of Late Triveni Lal, resident of Indira Colony, Makatpur, P.O. Giridih, P.S. Giridih, District Giridih. 6. Mithileshwar Singh, aged about 74 years, son of Dina Nath Singh, resident of Bindgawa, P.O. Bandhuchhapara, P.S. Barhara Bhojpur- 802163 (Bihar). 7. Gita Devi, aged about 56 years, wife of Late Mahendra Prasad Sinha, resident of Cheti Kali Mandir, P.O. Giridih, P.S. Giridih, District Giridih-815301. 8. Ranjit Prasad, aged about 72 years, son of Late Ram Chandra Prasad Gupta, resident of 82, Nagina Singh Road, Near Bajrangbali Mandir, P.O. Giridih, P.S. Giridih, District Giridih-815301. 9. Durga Prasad Mishra, aged about 73 years, son of Late Davki Nandan Mishra, resident of Aam Ghat Road, Barganda, Bandhu Ram Niwas, P.O. New Barganda, P.S. Giridih, District Giridih-815301. 10. Kishori Prasad Sinha, aged about 73 years, son of Late Parmeshwar Dyal, resident of Rahar Gora, Near Shiv Mandir, Dhaiya, Bhawardaha, P.O. Naz Nagar, P.S. Dhanbad, District Dhanbad- Petitioners 826004. … … Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi, at Project Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 2. The Principal Secretary, Department of Transport, Government of Jharkhand, F.F.P. Building, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 3. The Principal Secretary, Finance Department, Government of Jharkhand, at Project Building, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 4. The Joint Transport Commissioner, Department of Transport, Government of Jharkhand, F.F.P. Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 5. Member Board of Revenue, Government of Jharkhand, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 6. The District Transport Officer-cum-Divisional Manager, Dhanbad, P.O. Dhanbad, P.S. Dhanbad, District Dhanbad. 7. The District Transport Officer-cum-Divisional Manager, Giridih, P.O. Giridih, P.S. Giridih, District Giridih. … … Respondents 2 --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents
Legal Reasoning
--- : Mr. Sujit Kumar Lala, Advocate : Mr. Shubham Gautam, AC to AAG V --- 04/19.02.2024 Learned counsels for the parties are present. 2. This writ petition has been filed for the following reliefs: “That by way of this writ application, the petitioners are invoking the writ jurisdiction to this Hon'ble Court for issuance of writ(s) / order(s) / direction(s) to the concerned respondents in the nature of mandamus directing them to compute and pay their entire retiral benefits taking into account their past rendered services in State Road Transport Corporation including benefit of 5th and 6th pay revision as extended to similarly situated counterparts of the petitioners in terms of the order dated 29.01.2020 passed by this Hon'ble Court in L.P.A. No. 264 of 2016, stood affirmed by the Hon'ble Apex Court vide order dated 01.03.2021 in S.L.P. (C) No. 3386 of 2021. And/Or For any other relief / reliefs as Your Lordships may deem fit and proper to do conscionable justice to these petitioners.” 3. The learned counsel for the petitioners has submitted that the details of the petitioners have been mentioned in paragraph no.6 of the writ petition which is quoted as under: “6. That the petitioner nos. 1, 2, 3, 5, 6, 8, 9 and 10 and the husband of petitioner nos. 4 and 7 were appointed in the services of Bihar State Road Transport Corporation ("Corporation") joined their respective services on respective dates, i.e. Petitioner No.1: 18.05.1971. Petitioner No.2: Since, 1967. Petitioner No.3 : 09.09.1969. Husband of Petitioner No.4: Since, 1967. Petitioner No.5: 24.04.1971 (Interview date). Petitioner No.6: 25.03.1969. Husband of Petitioner No.7 : 26.09.1988. Petitioner No.8 : 23.10.1972. Petitioner No.9 : Since, 1972. Petitioner No.10: 13.07.1973.” 4.
Decision
As per the writ petition the husband of petitioner no.7 namely Mahesh Prasad Sinha died in harness on 19.09.2004 while he was posted at Giridih and subsequently the husband of petitioner no.4 namely Aquil Ahmad died on 11.11.2022 i.e. after superannuation from his service on 31.09.2009.So far petitioner nos.1, 2, 3, 5, 6, 8 and 9 are concerned, they superannuated from their respective services on 30.06.2007, 30.09.2007, 30.04.2009, 30.06.2009, 31.01.2009, 31.05.2011 and 31.12.2010 respectively from Giridih. The petitioner 3 no.10 namely Kishore Prasad Sinha superannuated from his service on 31.01.2010 on completion of 60 years of his age from Dhanbad. 5. the writ petition As per the petitioners gave representations before the concerned authorities requesting them to have a look into the matter and do the needful for payment of their legitimate dues i.e. pension, gratuity, leave encashment, group insurance, provident fund, etc. as well the benefit on account of 5th pay revision and 6th pay revision in terms of the order dated 29.01.2020 passed in LPA No.264 of 2016, but to no effect. 6. Learned counsel for the petitioners submits that pursuant to various orders passed by this Court ultimately a decision has been taken by the State Government vide Gazette Notification dated 12.08.2023 and consequently the petitioners would be entitled certain reliefs in terms of the said notification. He has submitted that the petitioners have represented before the respondent no.2 and accordingly appropriate direction be issued for consideration of their grievance. He has relied upon the orders passed by this Court in W.P.(S) No.5271 of 2023, W.P.(S) No.5716 of 2023, W.P.(S) No.6478 of 2023 and W.P.(S) No.5121 of 2023. 7. 8. No counter-affidavit as such has been filed in the present case. Considering the aforesaid facts and circumstances and also the aforesaid orders which have been passed by this Court, this writ petition is disposed of enabling the petitioners to approach the Secretary, Department of Transport, Government of Jharkhand for redressal of their grievances by filing separate representations along with their supporting documents. 9. Upon filing of such representation, the said authority will look into the grievance of the petitioners and pass reasoned order in accordance with law after granting an opportunity to one authorized representative of the petitioners within a period of 4 months from the date of filing the representation . The reasoned order be passed within a period of three months from the date of representation and be communicated to the petitioners through speed post. If the petitioners are found entitled to any monetary benefit arising out of reasoned order, the Secretary, Department of Transport, Government of 4 Jharkhand shall do the needful so that the monetary benefit of the same is also paid to the petitioners within a period of six months from the date of the reasoned order. This writ petition is disposed of in the aforesaid terms. 10. It is made clear that this Court has not gone into the merit or otherwise of the claim of the petitioners and it is for the aforesaid authority to consider the applicable rules/guidelines/regulations/circulars etc. governing the petitioners and pass appropriate orders. Saurav (Anubha Rawat Choudhary, J.)