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2011 DIGILAW 605 (JHR)

Ram Lakhan Poddar v. State of Jharkhand

2011-07-06

N.N.TIWARI

body2011
JUDGMENT Narendra Nath Tiwari, J. 1. The Petitioner has prayed for a direction on the Respondents to pay arrears of salary for the period from 16th May, 2001 to 19th December, 2007 and also to revise the Petitioner's pension and other retiral benefits after regularising the said period. 2. It has been stated that the Petitioner was the employee of the Respondents and he was entitled to get salary of the said period, but the same was not paid to him. One Bhubneshwar Mahto, who was also an employee under the Respondents and similarly situated, was also not paid his salary for a long period. He had approached this Court in W.P.(S) No. 4751 of 2003. The said writ petition was disposed of by order dated 21st November, 2003, directing the Respondents to pay salary of the entire period including the admitted retiral benefits and other dues. The Respondents had challenged the said order in appeal before this Court and also in the Hon'ble Supreme Court, but the same was upheld by the said Courts. The Petitioner's claim is covered by the said decision of this Court in Bhubneshwar Mahto (supra), but in spite of his repeated requests and representations, salary of the said period has not been paid to him and the pension including other benefits have not been revised and paid. 3. Learned J.C. to Sr. S.C.II, appearing on behalf of the Respondents, submitted that the Secretary, Human Resources Development Department, Jharkhand is the competent authority to consider the Petitioner's claim/grievance and if any representation is still pending or if he files a fresh representation, the same shall be considered and appropriate order shall be passed. 4. Considering the above, this writ petition is disposed of, giving liberty to the Petitioner to file a fresh representation, along with a copy of this order, before the Secretary, Human Resources Development Department, Jharkhand Respondent No. 1. On receipt of the representation, the said Respondent shall consider the same and pass appropriate order in accordance with law, also considering the decision of this Court in W.P.(S) No. 4751 of 2003, which is said to cover the Petitioner's claim, within a period of six weeks from the date of receipt of the representation. 5. On receipt of the representation, the said Respondent shall consider the same and pass appropriate order in accordance with law, also considering the decision of this Court in W.P.(S) No. 4751 of 2003, which is said to cover the Petitioner's claim, within a period of six weeks from the date of receipt of the representation. 5. If the Petitioner's claim is found at par with Bhubneshwar Mahto (supra) and if the Petitioner is found entitled to get the arrears and other consequential benefits, as claimed by him, the arrears thereof shall be paid to him within a period of two months thereafter. The Respondents shall also take appropriate step for revision of pension and other retiral benefits, if the same is required in view of the said order and pay the arrears thereof within the said period.