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Jharkhand High Court · body

2009 DIGILAW 1094 (JHR)

Noor Hassan Khan v. State of Jharkhand

2009-08-10

D.G.R.PATNAIK

body2009
Judgment Heard Sri A.K.Das, learned counsel for the petitioner and counsel for the respondent State of Bihar as well as J.C. to Sr. S.C.-II for the respondent State of Jharkhand. 2. The petitioner in this writ application has prayed for a direction to the Respondent No. 8 namely the Superintendent of Police, Rohtas, Government of Bihar to send the petitioner’s Service Book and his Last Pay Certificate to concerned authorities of the State of Jharkhand to enable the petitioner to draw his arrears of salary from the concerned department of the State of Jharkhand. A further prayer has been made to direct the Respondent No. 1 to 4 to immediately and forthwith release the arrears of salary due to the petitioner and to make payment of the retiral dues of the petitioner including Leave Encashment, Group Insurance, Gratuity, Provident Fund and Pension together with interest at an appropriate rate. 3. The petitioner was employed in the Police Department of the State Government and was earlier posted in the district of Rohtas (Bihar) as a Sub-Inspector of Police. Later, on the bifurcation of the erstwhile State of Bihar, he was allotted the Jharkhand Cadre. Upon such allotment of the Jharkhand Cadre, he was released from his office at Rohtas and thereafter he had joined his posting at Special Branch, Ranchi. 4. Though he had joined his posting in the State of Jharkhand, but his salary was paid only on the basis of his basic pay awaiting receipt of his Service Book and the Last Pay Certificate. The petitioner moved the concerned authorities including the Respondent No. 8 to transmit his Service Book and his Last Pay Certificate. In response, the Respondent No. 8 had directed the Accounts Department to transmit the Service Book and the Last Pay Certificate of the petitioner to the concerned authorities of the State of Jharkhand, but this direction was not complied with by the concerned Accounts Department. Being left with no other option, the petitioner had to file the instant writ application. 5. A counter affidavit has been filed on behalf of the respondent State of Bihar. Being left with no other option, the petitioner had to file the instant writ application. 5. A counter affidavit has been filed on behalf of the respondent State of Bihar. The stand taken therein is that though the petitioner’s Service Book was transmitted long ago to the concerned department of the State of Jharkhand, but petitioner’s L.P.C. could not be forwarded in view of the fact that on verification it was found that at the time of handing over the charge, the petitioner did not account for certain articles including iron rods etc. and had not submitted his “No Objection Certificate”. 6. From the admitted facts it appears that upon cadre allotment, the petitioner was released from office at Rohtas to enable his joining in the State of Jharkhand and at that time no objection was raised from the concerned authorities regarding any claim of non-submission of entire charge of office. It appears that it is for the first time, in the counter affidavit, that such ground has been advanced. Furthermore, counsel for the respondent State of Bihar has not been able to furnish any such Rule under which the issuance of Last Pay Certificate would depend upon the submission of the “No Objection Certificate” by the Government Servant which was not insisted upon at the time of his being relieved from office. 7. Considering the above facts and circumstances, the concerned authorities of the respondent State of Bihar including the Respondent No. 8 and 9 are directed to transmit the Service Book of the petitioner, if not already transmitted, and the Last Pay Certificate of the petitioner, to the concerned department of the State of Jharkhand within one month from the date of receipt/production of a copy of this order. Thereafter, within two months from the date of receipt of the Service Book and the L.P.C. of the petitioner, concerned authorities of the State of Jharkhand shall assess the total arrears of salary payable to the petitioner and also assess the retiral dues payable to him and shall release such payments to the petitioner. With these observations, this writ application is disposed of. Let a copy of this order be given to the counsel for the respondent State of Bihar and a copy to the counsel for the respondent State of Jharkhand.