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Jharkhand High Court · body

2009 DIGILAW 1582 (JHR)

Sunil Kumar Singh v. State of Bihar

2009-12-11

D.G.R.PATNAIK

body2009
Order I.A. No. 3316 of 2009 11. I.A. No. 3316 of 2009 has been filed by the respondent State for a modification in the order dated 11.9.2009. 2. Sri A. Allam, learned counsel for the respondent State. expresses apprehension that the observations contained in the order dated 11.9.2009 may impose a heavy financial burden upon the State Exchequer in view of the fact that the funds sought to be disbursed, are to be allotted by the U.G.C. and the same has not been received as yet by the State Government and it is expected that in the next supplementary budget, the aforesaid issue can be decided and the expected funds would be received from the U.G.C. Learned counsel submits that the observations under which the respondent State Government has been directed to release funds to enable payments of the dues to the employees of the S.S.J.S.N. College, Garhwa, both teaching and non-teaching, needs to be modified suitably so that the pressure upon the State Government to release the funds immediately, is reduced at least till such time the U.G.C. funds are finally received. 3. Learned counsel for the petitioners as also counsel for the respondent University have also been heard on the matter. 4. As it appears from the order dated 11.9.2009, the issue concerning the claim for payment of arrears was addressed in the context of the prayer made by the present seven petitioners and it is in the context of their claim that the State Government was directed to ensure that the funds for which requisition has already been received from the concerned University for enabling payment to the petitioners, are promptly released from the State Government's own resources, not waiting for indefinite period for the funds to be allotted by the U.G.C. 5. The order is clear and specific and does not invite any ambiguity. It is reiterated that the directions given to the State Government in the aforesaid order was in respect of the claims for arrears of salary for the period 1.1.1996 to 31.3.2000, as raised by the seven present petitioners only. I do not find any reason to make any modification in the order as sought for by the learned counsel for the respondent State. 6. Accordingly, I.A. is disposed of. 7. I do not find any reason to make any modification in the order as sought for by the learned counsel for the respondent State. 6. Accordingly, I.A. is disposed of. 7. As regards the requisition forwarded by the concerned University to the State Government demanding allotment of funds for payment to the other teaching and non-teaching staff, it has already been observed in the order dated 11.92009 that the State Government should also take appropriate steps to• release the funds in accordance with the requisition received from the concerned University. It is reiterated by this order that the State Government shall take appropriate steps to arrange for and release funds as per the requisition received from' the concerned University for enabling payment of arrears of dues Which are to be paid to the other teaching and non-teaching staff of the S.S.J.S.N. College, Garhwa. It is expected that the State Government should act in right earnest and ensure that the funds are released preferably within a 'period of four months from the date of this order. a. As far as the arrears of dues claimed by the petitioners for the period 1.1.1996 to 31.3.2000, it is further directed by this order that the State Government shall promptly release the funds payable to the seven petitioners hereof within a period of two months from the date of this order. 9. Let this case be posted in the last week of February, 2010 under the same heading. 10. Let a copy of this .order be given to the counsel for the respondent State and a copy thereof be forwarded to the Secretary, Human Resources Department, Government of Jharkhand.