INDRADEO PRASAD Vs. STATE OF JHARKHAND : PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT : DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT : EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION
LAWS(JHAR)-2009-8-78
HIGH COURT OF JHARKHAND
Decided on August 28,2009

INDRADEO PRASAD Appellant
VERSUS
State Of Jharkhand : Principal Secretary, Road Construction Department : Deputy Secretary, Road Construction Department : Executive Engineer, National Highway Division Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner and counsel for the respondent State.
(2.) THE petitioner retired from service under the respondents on the post of Assistant Engineer, Planning and Investigation Division, Road Construction Department, Hazaribagh on 31st January 2003. Despite superannuation and in spite of repeated demands when his retiral benefit was not paid to him, the petitioner had filed a writ application before this court vide W.P.(S) No. 4661 of 2004. While disposing of the writ application vide order dated 16.9.2004, this court had directed the petitioner to file a fresh representation before the concerned authorities, specifying the details of his claim and a corresponding direction was issued to the concerned authorities of the respondents to pay the admitted dues to the petitioner within a period of four months from the date of receipt of the representation, failing which the respondents were made liable to pay interest @5% per annum from the date of retirement on total retiral benefits, till the date of payment.
(3.) THE petitioner filed his representation on 27.10.2004, but despite lapse of the period of four months stipulated by the order in the earlier writ application, when payments were not forthcoming from the respondents, he filed contempt application. In the contempt application, the respondents offered their replies stating that they had paid the entire admitted dues to the petitioner and upon such assertion, the contempt petition was dropped, though with a liberty to the petitioner to file a fresh representation before the concerned authorities, if any further grievance does still survives even after payment of the retiral dues to him.;


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