SACHCHIDA NAND SINHA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-9-30
HIGH COURT OF JHARKHAND
Decided on September 16,2013

Sachchida Nand Sinha Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.)HEARD learned counsel for the parties. The petitioner is said to have retired from the post of Assistant Engineer, Irrigation Division, Badharwa on 28th February, 2007. According to the petitioner, he has not been given the benefits of 1st and 2nd A.C.P and other post retirement dues such as gratuity, leave salary etc. by the respondents. It is specifically stated in para 14 that he has not taken any loan nor any amount is due and neither any departmental proceeding nor any criminal case is pending against him, in such circumstances, though he has made representations vide Annexures 2 series and 3 respectively before the concerned respondents, but the aforesaid grievances have remained unredressed.
(2.)LEARNED counsel for the RespondentsState submits that if the petitioner approaches the respondent no. 3, Chief Engineer, Water Resources Department, Deoghar with a fresh representation for redressal of his aforesaid grievances, the same shall be looked into in accordance with law after due verification of the service records of the petitioner.
I have heard learned counsel for the parties. At this stage, without making any comments upon the claim of the petitioner, the writ petition is disposed of by allowing the petitioner to approach the respondent no. 3, Chief Engineer, Water Resources Department, Deoghar with a fresh representation for redressal of his aforesaid grievances supported with all necessary facts and documents within a period of 3 weeks. On receipt of such representation, the respondent no.3, Chief Engineer, Water Resources Department, Deoghar, shall consider the same in accordance with law and after due verification of the service records of the petitioner pass a reasoned and speaking order within 12 weeks thereafter, which shall also be communicated to the petitioner. Needless to say, if the grievances of the petitioner are found to be genuine and he is found to be entitled to any or all such post retirements, the same shall be paid within 8 weeks thereafter .

(3.)NEEDLESS to say that on issuance of necessary sanction letter pursuant to the reasoned order passed by the respondent no.3, the office of the Accountant General, Jharkhand, respondent no. 6, shall also after verification of the records and if there are no other legal impediments, issue authority slip in favour of the petitioner within the same period of 8 weeks. Accordingly, the writ application stands disposed of in the aforesaid term.


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