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2001 DIGILAW 589 (JHR)

Jagarnath Mandal v. State Of Bihar

2001-08-23

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. Pursuant to order dated 6.8.2001, Mr. J.R.K. Rao. Special Secretary. Department of Industries, Government of Bihar appeared in person and filed his show cause. 2. The instant proceeding has been initiated for the alleged non-compliance of the order dated 4.2.2000 passed in CWJC No. 1016/99(R). By the said order the respondent was directed to release all the retrial dues to the petitioner within a specified time. It appears that the petitioner joined the services of Bihar State Khadi Gram Udyog Board in the year 1961. After serving about 36 years, he retired on 31.3.1997. During the entire period of service the petitioner was paid salary out of the fund allotted by the Government of Bihar. When retrial dues was not paid to the petitioner, he filed the aforementioned writ application imp leading the State of Bihar and also officers of the khadi Gram Udyog as party the respondent. However, no counter affidavit was filed by the State of Bihar although copy of the writ application was served on the counsel for the State of Bihar, The respondent-Board appeared in the writ petition and filed a counter affidavit taking a stand that because of paucity of fund and financial crisis the retrial dues could not be paid to the petitioner. This Court relying upon the decision of a Bench of this Court in CWJC No. 3250/98(R), disposed of the writ application with a direction to the State Government and also the concerned respondent of the Board to make payment of the retrial dues of the petitioner. 3. In the instant proceeding a show cause was filed by the Chief Executive Officer, Bihar State Khadi Gram Udyog Board stating his inability to comply the order in view of the letter issued by the Special Secretary, Department of Industries, Government of Bihar to the effect that salary and other benefits shall be paid to those employees of the Board whose appointment has been approved by the State Government. 4. As noticed above, during the entire period of 36 years of service of the petitioner, he was paid his salary and wages by the State Government and no objection whatsoever at any point of time was raised either by the Board or by the State Government about availability of fund. 4. As noticed above, during the entire period of 36 years of service of the petitioner, he was paid his salary and wages by the State Government and no objection whatsoever at any point of time was raised either by the Board or by the State Government about availability of fund. When the State Government allowed salary to the petitioner for the entire period of 36 years then it cannot be allowed to say, after retirement of the petitioner, that the retrial dues could not be paid unless it is proved that the appointment of the petitioner was approved by the Government. The Special Secretary, although recently joined the said post, has stated in para 9 of the show cause that the petitioner was appointed without prior approval of the State Government. This statement is true to his information derived from the records but no such paper ar any documentary evidence has been annexed with the show cause in support of his statement. 5. As stated above, admittedly at no point of time the appointment of the petitioner was challenged by the State Government, rather on the contrary, he has been paid his salary and other benefits out of the fund alloted by the State Government. In such a situation, the stand taken by the respondent is wholly arbitrary and unjustified. 6. Mr. Alam, learned counsel appearing for the Special Secretary, but heavy reliance on the Division Bench decision of the Patna High Court in CWJC No. 12124 of 1993 disposed of on 18th January, 1996. In that case the employees of the Board in representative capacity sought a direction to the State Government for payment of salary and other benefits. The Division Bench had held that the State Government cannot be compelled to pay salary to the officers and staff illegally appointed by the Board without its approval. At the same time the State Government was directed to immediately and forthwith provide sufficient fund to the Board to enable it to pay salary to its employees. I am afraid, this decision is applicable in the facts of the present case. At the same time the State Government was directed to immediately and forthwith provide sufficient fund to the Board to enable it to pay salary to its employees. I am afraid, this decision is applicable in the facts of the present case. I must reiterate that this is a case where the petitioner was paid his salary for the entire 36 years of service by the Government and at no point of time the State Government has raise any objection about the validity of the appointment in that view of the matter, the Special Secretary was unjustified in stopping the retrial dues payable to the petitioner. 7. In the aforesaid facts and circumstances. I direct the Special Secretary. Department of Industries, Government of Bihar, to immediately and forthwith release the retiral dues payable to the petitioner latest by 15th October, 2001. 8. Put up this case on 18th October, 2001 on that date the Special Secretary and the Chief Executive Officer shall file compliance of the order. Let a copy of this order be sent to the Chief Secretary Government of Bihar, Patna with a direction that if this order is not complied with by the State Government then he shall also appear on 18th October, 2001 and to justify the action of the State Government by filing an affidavit. Let a copy of this order be given to Mr. A. Alam for its communication to the Chief Secretary and also for use of Special Secretary. 9. Disposed of with direction.