LAWS(JHAR)-2014-2-89

RAMAN KUMAR SINHA Vs. THE STATE OF JHARKHAND

Decided On February 25, 2014
Raman Kumar Sinha Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. According to the petitioner, his arrears of gratuity, general provident fund and leave encashment amount are lying with the respondent authorities, and are not being released despite representations made by him vide Annexures-1 and 2. The petitioner being a Touring Veterinary Officer after conviction in a criminal case was dismissed from service w.e.f. 25th February, 2011. However, according to him, he has preferred a criminal appeal being Cr. Appeal No. 6770 of 2013 before this Court which is still pending. In such circumstances, he seeks a direction upon the respondents to take a decision upon his representations for release of such arrears of post retirement dues such as gratuity, general provident fund and leave encashment amount.

(2.) Learned counsel for the respondents submits that if the petitioner approaches the respondent Nos. 2 and 4 respectively for redressal of his claim relating to arrears of gratuity, general provident fund and leave encashment amount respectively, the same can be considered in accordance with law after due scrutiny of the relevant service records of the petitioner.

(3.) Having regard to the aforesaid submissions made, 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. 2, Principal Secretary, Animal Husbandry & Fishery Department, Govt. of Jharkhand, with a fresh representation for consideration of his aforesaid grievances relating to arrears of gratuity and leave encashment amount duly supported with all facts and documents. For the grievances relating to arrears of G.P.F., the petitioner is allowed liberty to approach the respondent No. 4, General Provident Fund Officer, Ranchi, in similar manner within a period of 3 weeks. On receipt of such representation, the respondent Nos. 2 and 4 respectively shall consider the same in accordance with law upon due verification of the relevant service records of the petitioner as also applicable service Rules in that regard and if the said amounts are found to be legally admissible, the same be released within a period of 12 weeks thereafter in favour of the petitioner along with admissible statutory interest. Accordingly, the writ petition is disposed of in the aforesaid terms.