HIGH COURT OF JHARKHAND
MOHAMMED YUNUS – Appellant
Versus
Health – Respondent
WPC 5250/2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No. 5250 of 2013
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Mohammed Yunus
...
…
Petitioner
-Versus-
1. The State of Jharkhand
2. Secretary, Health Department, Government of Jharkhand, Ranchi
3. Director in Chief, Health Services, Govt. of Jharkhand, Ranchi
4. Deputy Commissioner, Chaibasa
5. Civil Surgeon, Chaibasa
6. District Leprosy Officer, Chaibasa
7. The Accountant General, Jharkhand, Ranchi...
Respondents
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CORAM :HON’BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner
:Mr. Kaustav Panda
For the Respondents
:M/s Prem Pujari Roy, JC to GA &
R.Srivastava
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06- 06.04.2015
Heard learned counsel for the parties.
The petitioner subsisting grievance is in relation to grant of benefit
of ACP and fixation of pension thereupon as he has retired on 30th
June,2010 from the post of non-medical Assistant, District Leprosy Officer,
Chaibasa under the Health Department, Government of Jharkhand.
Counsel, for the petitioner submits that in the counter affidavit filed
on behalf of the Medical Officer, District Leprosy Office, Chaibasa on
20.1.2014 in para 13 and 14 statements have been made that the process
of confirmation of ACP/MACP to the petitioner is under active
consideration before the respondents and a decision would be taken
within two months. However, till date the grievance of the petitioner has
remained unredressed.
Counsel for the respondent-State submits that the needful would be
done by the competent authority and a direction may be issued to that
effect.
Having regard to the aforesaid facts and the statements made, for
the subsisting grievance as aforesaid, which appears to be also under
consideration since long, in stead of keeping the writ petition pending, the
same is being disposed of by directing the competent authority to take a
2.
decision in respect of grant of ACP to the petitioner and for fixation of his
pension in accordance with law within a period of 12 weeks from the date
of receipt of a copy of this order. The petitioner shall represent before the
respondent no.5, Civil Surgeon, Chaibasa, who, if he is competent to take
such a decision, shall do of his own or otherwise place the matter before
the competent authority for the needful within the same time. Needless to
say that dependent upon such decision, the monetary benefit arising out
of grant of ACP shall be released in favour of the petitioner without
unreasonable delay.
This writ petition stands disposed of.
(Aparesh Kumar Singh, J. )
Pandey
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