RAJESH HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, as well as learned counsel for the State as well as learned counsel for the respondents. The present substituted petitioner claims to be the son of William Hembrom who was MLA, according to him, of Shikaripara Constituency in Santhal Pargana District -Dumka, from 1952 -1957. Counsel for the petitioner has relied upon the Jharkhand Vidhan Mandal (Salary Allowance and Pension) Act 2001, especially Section 17 thereof to submit that present petitioner's mother, who was original petitioner and wife of deceased MLA is entitled to family pension under the Provisions of the Act of 2001. The said person namely William Hembrom is said to have died in 1974 itself and the mother of the present petitioner has died during the pendency of this writ petition on 6th May, 2009.

(2.) IN that circumstance, without going into the merit of controversy, the petitioner is a directed to approach the Deputy Secretary/Secretary, Jharkhand Vidhan Sabha, Ranchi for redressal of his grievances by making representation with all supporting facts and documents in relation to his claim as also his identity and the Rules he relied upon. On receipt of such representation, the Deputy Secretary/Secretary Jharkhand Vidhan Sabha shall consider the same in accordance with law by passing reasoned and speaking order within a period of 12 weeks thereafter, which shall be communicated to the petitioner as well. Needless to say, if the claim of the petitioner is found to be legally admissible and genuine, the consequential benefits, shall be paid within the period of 8 weeks thereafter.