Full Bench Jharkhand - The Full Bench of the Jharkhand High Court has played a significant role in interpreting various legal issues, including pension benefits, service rules, and jurisdictional questions. Several cases cite the Full Bench's judgments as authoritative references for legal principles and procedural clarifications THE STATE OF JHARKHAND Vs AHILYA DEVI - Jharkhand, Mobina Khatoon VS State Of Bihar Through Principal Secretary, Public Health Engineering Department, Patna - Patna, Sitaram Sah, son of Late Govind Sah VS State of Jharkhand through its Chief Secretary, Government of Jharkhand - Jharkhand, Parmeshwar Nanda Etc. VS State Of Jharkhand Through Chief Secretary - Supreme Court.
Pension and Benefits - The Full Bench has clarified the scope of retirement and death benefits, emphasizing adherence to rules and previous judgments. For instance, in one case, the court upheld the respondent’s claim based on a Full Bench decision regarding pension entitlements, dismissing the state's appeal THE STATE OF JHARKHAND Vs AHILYA DEVI - Jharkhand. Similarly, in another case, the court referred to the Full Bench’s interpretation of pension rules to determine the entitlement of pensioners Hira Lal VS State of Bihar through its Chief Secretary - Patna.
Jurisdiction and Legal Procedure - The Full Bench has addressed complex jurisdictional issues, including the question of bail applications and the authority to hear them. In cases like Lurdhu Marandi, the Full Bench clarified procedural aspects and the authority of different benches to decide bail matters HEMU PANT VS STATE OF UTTARAKHAND - Uttarakhand.
Service Rules and Regularization - The Full Bench has provided authoritative rulings on service-related issues, including the regularization of employees and the scope of government powers under pension rules. For example, in Dr. Dudh Nath Pandey’s case, the Full Bench held that the government lacks authority to alter pension rules under certain circumstances Sitaram Sah, son of Late Govind Sah VS State of Jharkhand through its Chief Secretary, Government of Jharkhand - Jharkhand.
Divergence of Opinions and Appellate Authority - The Full Bench has been called upon to resolve divergent opinions among different benches or authorities, ensuring uniformity in legal interpretation. An example includes the divergence of opinions on pension rules, which was settled by the Full Bench Parmeshwar Nanda Etc. VS State Of Jharkhand Through Chief Secretary - Supreme Court.
Insights - The judgments of the Full Bench serve as binding precedents within Jharkhand, often cited to resolve disputes involving pension benefits, service conditions, and procedural questions. Their rulings emphasize adherence to statutory rules and judicial consistency.
Conclusion: The Full Bench of the Jharkhand High Court holds a pivotal role in shaping legal interpretations on service, pension, and procedural issues within the state. Its judgments provide authoritative guidance, resolve conflicting opinions, and ensure uniform application of law across cases THE STATE OF JHARKHAND Vs AHILYA DEVI - Jharkhand, Mobina Khatoon VS State Of Bihar Through Principal Secretary, Public Health Engineering Department, Patna - Patna, Sitaram Sah, son of Late Govind Sah VS State of Jharkhand through its Chief Secretary, Government of Jharkhand - Jharkhand, Parmeshwar Nanda Etc. VS State Of Jharkhand Through Chief Secretary - Supreme Court.
The respondent filed a writ petition claiming death-cum-retiral benefits on the basis of a judgment by a Full Bench of the Jharkhand ... State of Jharkhand” (2005) 3 JLJR 38 (Jhr.). ... Final Decision: The High Court dismissed the appeal filed by the State of Jharkhand and upheld the order of the writ Court ... Before the writ Court, the respondent endeavoured to make out a case on the basis of judgment by a Full Bench of this Court in “Ram Prasad Singh v. State....
It is also not appreciable to us that the Full Bench of the Jharkhand High Court, after quoting from the State of Punjab Vs. ... Thus, on these grounds, the Full Bench of the Jharkhand High Court held in paragraph 17 of the judgment as follows:- ... 17. ... The upshot of the above discussion, therefore, is that but for the Full Bench decision of the Jharkhand High Court in case of Ram Prasad Singh and Anr. Vs. The State of #HL_STAR....
as such he was paid 90% of the pension amount–Held, petitioner not entitled for payment of 10% of the balance pension amount and full ... He has also submitted that the Full Bench of Jharkhand High Court in the case of Dr. ... In fact when Jharkhand High Court in the Full Bench judgment has referred to the case of Bajrang Deo Narain Sinha Vs. ... According to the learned counsel for the State the judgment of the Division Bench in the case of Ram Baha....
The Full Bench of Jharkhand High Court in Girija Prasad Agrawal’s case (supra) examined Section 149 (2) of the Motor Vehicles Act, 1988 and reached to the following conclusion: ... “32. ... Shanti Bai (Smt.) and others (1995) 2 SCC 539, wherein the compensation has been ordered to be paid on account of death of the passenger on the roof top as well as Full Bench judgment of Jharkhand High Court in Girija Prasad Agrawal Vs. ... A Single Bench of this Court in The Samu....
Service Code - Full Bench Judgment - Dr. ... State of Jharkhand & Ors. - State of Jharkhand & Ors. v. ... Ratio Decidendi: The court relied on the Full Bench judgment in Dr. Dudh Nath Pandey v. ... State of Jharkhand & Ors. reported in 2007 (4) JCR 1 (Jhr) (FB), wherein, the Full Bench of this Court has been pleased to, inter alia, hold under Rule 43 (a) and 43 (b) of the Bihar Pension Rules, there is no power for the Government to....
Present appeals are directed against an order passed by Full Bench of High Court of Jharkhand on 16th June, 2017 wherein ... [Jharkhand Pension Rules, 2000 – Rule 59] (Paras 18, 21, 22, 23 and 26) Facts of the case: p align ... erstwhile undivided State of Bihar between period 1978 to 1990 – Clause 11 of notification dated 30th May, 2007 issued by Government of Jharkhand ... The matter was placed before the Full Bench in view of the divergence of opinions of the two D....
For the same reason, this Court finds it difficult to grant any positive relief to the petitioners in context of the Full Bench judgment of the Jharkhand High Court relied upon. ... 8. ... The second submission is that the regularization has to be granted on completion of five years in the work charge establishment to be computed from February, 1988 in terms of the orders of the Apex Court at Annexure-12 and a Full Bench decision of the Jharkhand High Court at Annexure-13 instead of 2....
State of Jharkhand & ors. and a Full Bench judgment in the case of Munari Devi Vs. ... State of Jharkhand & ors. and a Full Bench judgment in the case of Munari Devi Vs. ... The petitioner has also relied upon a judgment delivered by a Full Bench of this Court in the case of Munari Devi Vs. ... State of Jharkhand & ors., [WP(S) No.5062 of 2002 dated 27.2.2003, Annexure-2 to the Writ Petition WPS No.2160/2005], wherein it was also al....
The question of law regarding subsequent bail applications was referred to the Full Bench of the Court. ... that rejected the previous applications or by a regular bench. ... that rejected the previous applications or by a regular bench. ... Recently, identical question was referred to the Full Bench of Jharkhand High Court in the case of Lurdhu Marandi Vs. State of Jharkhand, (2015) CriLJ 1541. The Full Bench of #....
Learned counsel refers to and relies upon in this context, on the judgements of a full Bench of this Court in the case of State of Jharkhand and Others Vs. Padmalochan Kalindi & Another 2007(4) JLJR 451 and also on another judgement of this Court in the case of Smt. ... State of Jharkhand, the Full Bench of this Court had decided the issue with the following observations :- ... “In the light of the absence of any material to show that the excess amount was received by the petitioner on....
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