RojlIn Toppo Vs. General Manager, Patratu thermal Power Station and ors.

RojlIn Toppo vs General Manager, Patratu thermal Power Station and ors.

Type Court Judgment Court Jharkhand Decided Jun 22, 2005

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Citation: sooperkanoon.com/519007
Court: Jharkhand High Court
Judge: S.J. Mukhopadhaya, J.
Decided On: Jun 22, 2005
Case Number: WP (S) No. 2930 of 2005
Subject: Service

Case Summary

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

- Order 47, Rule 1: [Tarun Chatterjee & H.L. Dattu, JJ] Pension claim - Qualifying service - Claim by petitioner to count earlier service rendered in Co-operative institutions was rejected - Review petition rejected on ground that there was no error apparent on face of the record -Documents filed along with review p...

Key legal issue: Service

Parties & Advocates

Appellant / Petitioner

RojlIn Toppo

Advocate A.K. Sinha, Adv.

Respondent

General Manager, Patratu thermal Power Station and ors.

Advocate R. Krishna, Adv.

Legal References

Reported In: [2005(4)JCR263(Jhr)]

Excerpt

- order 47, rule 1: [tarun chatterjee & h.l. dattu, jj] pension claim - qualifying service - claim by petitioner to count earlier service rendered in co-operative institutions was rejected - review petition rejected on ground that there was no error apparent on face of the record -documents filed along with review petition was not considered supreme court in order to do complete justice directed high court to reconsider review petition by taking on record documents filed along with the review petition. - on failure of payment of admitted dues respondents will be liable to pay interest @5% on the admitted retiral dues from the date of retirement till the amount is paid to the petitioner......: for 17 years.(iv) overtime allowances(v) arrear of salary : (as per vth prc report)(vi) arrear of salary : (payable as a result of promotion of the petitioner to super selection grade on 27.8.1997).(vii) arrear of pension : @ rs. 373/-per month from 01.11.2002 to the date of commencement of 100% pension.(viii) interest @ 12% per annum on all the dues from the date it became due till the date of actual payment on account of delay in making the payment.(ix) other legal entitlements.2. according to the petitioner she retired from the services of jharkhand state electricity board on 31st october, 2002 from the post of mid-wife while posted in patratu thermal power station hospital, patratu (hereinafter referred to as ptps) district hazaribagh. the respondents have released only 90% pension as provisional pension by memo no. 1611, dated 10th may, 2004, gpf., gss and leave encashment amount but rest of the dues have not been paid to him.3. having heard the counsel for the parties and as i find that the matter requires determination by the authorities at the first instance, the petitioner is given liberty to approach the general manager, ptps, hazaribagh who will determine the claim, pass an appropriate order and if any amount is found payable the respondents will pay such admitted dues within three months from the date of receipt of the representation. respondents will also finalise the pension, if not yet determined. on failure of payment of admitted dues respondents will be liable to pay interest @ 5% on the admitted retiral dues from the date of retirement till the amount is paid to the petitioner.4. on the other hand, if the authority rejects the claim or part thereof will communicate the ground to the petitioner.5. this writ petition stands disposed of with the aforesaid observations and directions.

Full Judgment

ORDER

S.J. Mukhopadhaya, J.

1. This application has been preferred by the petitioner for a direction on the respondents to pay the following retiral benefits and other dues :

(i) Gratuity

(ii) 100% pension @ Rs. 3737.50 per month as fixed vide Memo No. 1611, dated 10.5.2004 (presently the petitioner is getting 90% provisional pension @ Rs. 3364/- per month w.e.f. 01.11.2002).

(iii) House Rent Allowance : for 17 years.

(iv) Overtime Allowances

(v) Arrear of salary : (as per Vth PRC Report)

(vi) Arrear of salary : (Payable as a result of promotion of the petitioner to Super Selection Grade on 27.8.1997).

(vii) Arrear of Pension : @ Rs. 373/-per month from 01.11.2002 to the date of commencement of 100% pension.

(viii) Interest @ 12% per annum on all the dues from the date it became due till the date of actual payment on account of delay in making the payment.

(ix) Other legal entitlements.

2. According to the petitioner she retired from the services of Jharkhand State Electricity Board on 31st October, 2002 from the post of Mid-wife while posted in Patratu Thermal Power Station Hospital, Patratu (hereinafter referred to as PTPS) District Hazaribagh. The respondents have released only 90% pension as provisional pension by Memo No. 1611, dated 10th May, 2004, GPF., GSS and leave encashment amount but rest of the dues have not been paid to him.

3. Having heard the counsel for the parties and as I find that the matter requires determination by the authorities at the first instance, the petitioner is given liberty to approach the General Manager, PTPS, Hazaribagh who will determine the claim, pass an appropriate order and if any amount is found payable the respondents will pay such admitted dues within three months from the date of receipt of the representation. Respondents will also finalise the pension, if not yet determined. On failure of payment of admitted dues respondents will be liable to pay interest @ 5% on the admitted retiral dues from the date of retirement till the amount is paid to the petitioner.

4. On the other hand, if the authority rejects the claim or part thereof will communicate the ground to the petitioner.

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

Same Court & Year Jharkhand · 2005 Same Parties RojlIn Toppo vs General Manager, Patratu thermal Power Statio... Same Subject Service Same Judge S.J. Mukhopadhaya, J.

Service