RAMASHRAY CHOUDHARY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2014-2-21
HIGH COURT OF JHARKHAND
Decided on February 18,2014

Ramashray Choudhary Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.)THE petitioner is said to have retired from the post of Assistant Engineer on 31st January, 2013, while working in the office of Chief Engineer (Engineering Cell), Human Resources Development Department, Government of Jharkhand, Ranchi. The petitioner as such is an incumbent of the cadre of Assistant Engineer in Water Resources Department, Government of Jharkhand. He is said to have been appointed on 6th February, 1979 on the post of Junior Engineer, Water Resources Department, Government of Bihar, Patna, got First Time Bound Promotion in the year 1989 and has also been granted the benefits of 1st and 2nd A.C.P. in 2008. On 20th May, 2011, he claims to have been promoted on the post of Assistant Engineer and joined at Water Ways Division, Chaibasa, whereafter he was placed under the Chief Engineer (Engineering Cell), Human Resources Development Department from where he has superannuated.
(2.)ACCORDING to the petitioner, there were certain adjustments of advance relating to Rs. 53,759/ for which he had duly submitted the bills of adjustment, but the same remained unadjusted on the part of the Executive Engineer and Accountant, Water Ways Division, Chaibasa and consequent order for recovery of the said amount has been ordered in the Last Pay Certificate even then the amount has not been adjusted. According to the petitioner, there are no departmental or criminal proceeding pending against him.
In the aforesaid background of facts and circumstances, the petitioner made representation for consideration of his claim for the post retirement benefits as well as arrears of M.A.C.P since 6th February, 2009, certain allowance bills and interest thereupon. The petitioner's representation remained unredressed. Therefore, he has approached this Court in the present writ application.

(3.)HAVING heard learned counsel for the parties in the aforesaid facts and circumstances of the case, at this stage without making any comment upon the claim of the petitioner, the writ petition is being disposed of by giving him liberty to approach the Respondent no.3, EngineerinChief, Water Resources Department, Govt. of Jharkhand, for redressal of his aforesaid grievance by filing a fresh representation duly supported with all facts and documents within a period of 3 weeks. On receipt of such representation, the Respondent no. 3, EngineerinChief, Water Resources Department, Govt. of Jharkhand shall consider the same in accordance with law and after due verification of the relevant service records of the petitioner and any other claim relating to adjustment of amounts as advance made by him, take an informed decision in the matter of such post retirement dues and other service dues within a period of 16 weeks thereafter which shall also be communicated to him.


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