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2008 Supreme(Jhk) 576

R.K.MERATHIA
Ranchi Nagar Nigam Pensioners Samaj – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Sahani.
For the State : Mr. H.K. Singh & Mr. Priyanka Soni.
For the R.M.C. : M/s P.K. Prasad & R.R. Nath.

JUDGMENT:

R.K. Merathia, J.-Heard the parties at length.

2. This writ petition has been filed for quashing the order dated 27.3.2004 passed by the respondent NO.2 (Annexure-5) rejecting petitioner's representation and confirming the order dated 16.2.2000 passed by the Finance Commissioner, Bihar, Patna; and for directing the respondents to pay gratuity to be calculated by adding 97% Dearness Allowance (DA), pension on the basis of adding 295% DA, interest on the provident fund amount and medical allowance at par with the Government servant.

3. Mr. A.K. Sahani, learned counsel, appearing for the petitioner, submitted as follows. Petitioner is an association representing retired officers and servants of Ranchi Municipal Corporation (Corporation for short). After retirement, it’s members are entitled to leave salary, gratuity, provident fund and medical allowance, etc. In view of the resolution under Memo No. 663 dated 3.2.1981 and Memo No. 1323 dated 11.4.1991 issued by the Urban Development and Housing Department, Government of Bihar the retired employees of the Corporation are to be treated at par with the State Government employees in the matter of payment of retiral benefits. He a



















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