RANCHI, India, June 18 -- Jharkhand High Court issued the following order on May 15:
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs:
A. For issuance of appropriate writ(s), order(s) or direction(s) commanding the Respondents, to forthwith pass a specific order under Service Rules, taking an informed decision on the petitioner's claim in light of the Inquiry Report (Annexure-1) and applicable service rules, regarding treatment of suspension period and payment of arrears.;
B. For issuance of appropriate writ(s), order(s) or direction(s) consequent upon the aforesaid order, directing the Respondents to treat the suspension period from 17.06.2009 to 31.01.2011 as period spent on duty for all service purposes (including salary, increments, pensionary benefits) as per Service Rules, with interest from 31.01.2011 till actual payment.;
C. For issuance of appropriate writ(s), order(s) or direction(s), thereafter commanding the Respondents to release and pay the consequential salary, allowances and other service benefits admissible to the petitioner in accordance with law, as a natural corollary to the treatment of the suspension period as period spent on duty.
3. Learned counsel for the petitioner submits that though the petitioner is fully entitled for the prayer made in the instant writ application; however, in spite of repeated representations the grievance of the petitioner has not been redressed.
4. Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such the petitioner may be directed to approach the concerned respondent by filing a fresh representation, who shall look into the matter so that the grievance of the petitioner can be redressed.
5. Having regard to the aforesaid submissions and without going into the merits of the case, the instant writ application is hereby disposed of by directing the concerned respondent to look into the grievance of the petitioner by treating this writ application as representation and take a decision in the matter in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 12 weeks from the date of receipt of copy of this order and communicate the same to the petitioner. The petitioner may serve a copy of this writ application along with the relevant documents to the concerned respondent for convenience.
6. With the aforesaid observations and directions, the instant writ application stands disposed of. Pending I.A., if any, also stands closed.
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