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2003 DIGILAW 1315 (JHR)

Bhubneshwar Mahto v. State of Jharkhand

2003-11-21

SUDHANSU JYOTI MUKHOPADHAYA

body2003
Order The petitioner was appointed on 10th December, 1968 as a peon in the State Library, Dhanbad. He was not paid salary for certain period. After his retirement on 31st July, 2001, he having not paid the retiral benefits and other dues preferred a W.P. (S) No. 1408/2002. It was alleged that the salary for the month of May, June & July, 2001 was not paid, nor the retiral benefits such as pension, gratuity, group insurance etc. A Bench of this Court vide its order dated 27th February, 2002 while asked the petitioner to prefer a fresh representation before the competent authority, the authority in its turn was directed to look into the matter. Thereafter no specific relief having been granted the present writ petition has been preferred. 2. According to respondents the petitioner retired from the Mass Education Department of the State on 31st July, 2001. Said Department (Mass Education) having closed since 15th May, 2001 and the petitioner having not worked from 15th May, 2001 to 31st July, 2001, the salary of the subsequent period has not been paid. 3. The respondents have not disputed that the petitioner was a regular employee of the State. He was working since 1968 and is entitled to get pension, gratuity, leave encashment etc. in accordance with law. If the scheme of the State Government was closed since 15th May, 2001, but the employees were not retrenched and the authorities have not taken any work from such employees, there being no laches on the part of the employee, the respondents cannot deny his salary. It is always open to the State Government not to take work but they are duty bound to pay' salary if the employee is in service. 4. In the facts and circumstances, the respondents are directed to pay the petitioner salary for the period from 16th May, 2001 to 31st July, 2001 (date of retirement) and all the admitted retiral benefits, counting the aforesaid period, such as full pension, gratuity, leave encashment, provident fund etc. if not yet paid within a period of three months from the date of receipt/production of a copy of this order failing which the respondents will liable to pay interest @ 5% on the admitted dues from the date of retirement (31st Jury, 2001) as also a cost of Rs. 10,000/- in favour of petitioner. 5. if not yet paid within a period of three months from the date of receipt/production of a copy of this order failing which the respondents will liable to pay interest @ 5% on the admitted dues from the date of retirement (31st Jury, 2001) as also a cost of Rs. 10,000/- in favour of petitioner. 5. The writ petition is allowed with aforesaid observations and directions.