Md. SirajuddIn Ansari Vs. Mineral Area Development Authority Through Its Chairman and ors.

Md. SirajuddIn Ansari vs Mineral Area Development Authority Through Its Chairman and ors.

Type Court Judgment Court Jharkhand Decided Feb 17, 2005

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Citation: sooperkanoon.com/515865
Court: Jharkhand High Court
Judge: S.J. Mukhopadhaya, A.C.J.
Decided On: Feb 17, 2005
Case Number: WP (S) No. 650 of 2005
Subject: Service

Case Summary

AI-generated summary - not the official court judgment text.

- MOTOR VEHICLES ACT, 1988[C.A.No.59/1988] Section 166; [A.K. Patnaik, CJ, A.K. Gohil & S. Samvatsar, JJ] Application for compensation for personal injury Death of injured claimant subsequently for some other reasons Held, Claim for personal injury will abate on the death of claimant. Claim will not survive to ...

Key legal issue: Service

Parties & Advocates

Appellant / Petitioner

Md. SirajuddIn Ansari

Advocate Rakesh Kumar Sinha, Adv.

Respondent

Mineral Area Development Authority Through Its Chairman and ors.

Advocate Aparesh Kumar Singh, Adv.

Legal References

Reported In: [2005(2)JCR335a(Jhr)]

Excerpt

- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant.orders.j. mukhopadhaya, a.c.j.1. this application has been preferred by the petitioner for a direction on the respondents to pay the amount of retiral benefits, such as provident fund, gratuity, leave encashment, d.a. group insurance and regional allowance etc. prayer has also been made to direct them to pay salary for the period from january, 2004 to august, 2004.2. according to the petitioner, he was working as an assistant (health department) under the mineral development authority, dhanbad (hereinafter referred to as 'mada') and retired in august, 2004. it is stated that though there is no departmental proceeding pending against him, the respondents have not paid his retiral benefits.3. in the facts and circumstances, the petitioner is given liberty to make a fresh representation before the managing director, dhanbad, who in his turn, will decide the claim and pay the admitted dues, if found payable, within a period of four months from the date of receipt of representation, failing which the respondents will be liable to pay interest @ 5% on such admitted dues. on the other hand, if the authorities dispute the total claim or part thereof, will communicate the ground to the petitioner within the aforesaid period.4. this court has not decided the other question i.e. whether petitioner is in occupation of any quarter or any dues is to be adjusted or not. it is for the managing director, mada, dhanbad to decide. however, if the petitioner is in occupation of any quarter of mada, dhanbad, he will vacate the same by 31st march, 2005.5. this writ petition stands disposed of with the aforesaid observations and directions.

Full Judgment

ORDER

S.J. Mukhopadhaya, A.C.J.

1. This application has been preferred by the petitioner for a direction on the respondents to pay the amount of retiral benefits, such as provident fund, gratuity, leave encashment, D.A. group insurance and regional allowance etc. Prayer has also been made to direct them to pay salary for the period from January, 2004 to August, 2004.

2. According to the petitioner, he was working as an Assistant (Health Department) under the Mineral Development Authority, Dhanbad (hereinafter referred to as 'MADA') and retired in August, 2004. It is stated that though there is no departmental proceeding pending against him, the respondents have not paid his retiral benefits.

3. In the facts and circumstances, the petitioner is given liberty to make a fresh representation before the Managing Director, Dhanbad, who in his turn, will decide the claim and pay the admitted dues, if found payable, within a period of four months from the date of receipt of representation, failing which the respondents will be liable to pay interest @ 5% on such admitted dues. On the other hand, if the authorities dispute the total claim or part thereof, will communicate the ground to the petitioner within the aforesaid period.

4. This Court has not decided the other question i.e. whether petitioner is in occupation of any quarter or any dues is to be adjusted or not. It is for the Managing Director, MADA, Dhanbad to decide. However, if the petitioner is in occupation of any quarter of MADA, Dhanbad, he will vacate the same by 31st March, 2005.

5. This writ petition stands disposed of with the aforesaid observations and directions.

Same Court & Year Jharkhand · 2005 Same Parties Md. SirajuddIn Ansari vs Mineral Area Development Authority T... Same Subject Service Same Judge S.J. Mukhopadhaya, A.C.J.

Service