SooperKanoon Citation | sooperkanoon.com/1008292 |
Court | Jharkhand High Court |
Decided On | Jul-27-2013 |
Appellant | Joshna Karmakar |
Respondent | State of Jharkhand and ors |
Excerpt:
in the high court of jharkhand, ranchi cont. case [civil] no. 322 of 2011 joshna karmakar ..... petitioner(s) versus the state of jharkhand & ors. . opp. party(s) coram: honble mr. justice r. r. prasad for the petitioner(s) : mr. p. k. mukhopadhyay, advocate. for the state : j.c. to s.c.ii for the dmc : mr. raunak sahay, advocate ----- 11 /27.06.2013. when death-cum-pensionary benefits were not paid to the petitioner, the petitioner filed a writ petition before this court, which was disposed of, on 08.12.2010, directing the respondents to take a decision in the matter. when no decision was taken, the contempt petition was filed. now a supplementary show-cause has been filed wherein a copy of the order passed on 15.05.2013 has been annexed. by the said order, claim of the petitioner has been rejected for the reason that the matter relating to date of birth and educational qualification has still neither been verified nor service book has been certified. both objections seem to have been taken by the dmc to deny the claim of the petitioner as whatever paraphernalia is to be completed, it is to be completed on the part of the persons of the department and not by this petitioner and, therefore, the authority is directed to complete the paraphernalia whatever is required and to pass order in the matter relating to payment of death-cum-retiral benefits to the petitioner, within a period of three weeks from today, failing which, the court will proceed with the matter relating to contempt. list this case after three weeks. let a copy of this order be handed-over to the learned counsel appearing for the dhanbad municipal corporation for needful. (r. r. prasad, j.) sandeep/
Judgment:IN THE HIGH COURT OF JHARKHAND, RANCHI Cont. Case [Civil] No. 322 of 2011 Joshna Karmakar ..... Petitioner(s) Versus The State of Jharkhand & Ors. . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. P. K. Mukhopadhyay, Advocate. For the State : J.C. to S.C.II For the DMC : Mr. Raunak Sahay, Advocate ----- 11 /27.06.2013. When death-cum-pensionary benefits were not paid to the petitioner, the petitioner filed a Writ Petition before this Court, which was disposed of, on 08.12.2010, directing the respondents to take a decision in the matter. When no decision was taken, the contempt petition was filed. Now a Supplementary show-cause has been filed wherein a copy of the order passed on 15.05.2013 has been annexed. By the said order, claim of the petitioner has been rejected for the reason that the matter relating to date of birth and educational qualification has still neither been verified nor Service book has been certified. Both objections seem to have been taken by the DMC to deny the claim of the petitioner as whatever paraphernalia is to be completed, it is to be completed on the part of the persons of the Department and not by this petitioner and, therefore, the authority is directed to complete the paraphernalia whatever is required and to pass order in the matter relating to payment of death-cum-retiral benefits to the petitioner, within a period of three weeks from today, failing which, the Court will proceed with the matter relating to Contempt. List this Case after three weeks. Let a copy of this order be handed-over to the learned counsel appearing for the Dhanbad Municipal Corporation for needful. (R. R. Prasad, J.) Sandeep/