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Jharkhand High Court · body

2013 DIGILAW 105 (JHR)

Gupteshwar Ram v. State of Jharkhand

2013-01-18

N.N.TIWARI

body2013
ORDER The petitioner had filed this writ petition for direction on the respondent to pay full and final Pension including the arrears, Leave Encashment and other service benefits including the arrears of salary for the period from June 2000 to May 2001. 2. The petitioner was holding Class-I post and retired from the post of Deputy Director, Higher Education, Government of Jharkhand on 31st July 2008. In spite of lapse of several years of his retirement the service terminal benefits as well as the retiral dues have not been paid to the petitioner. 3. It has been stated that in June 2000 he was transferred but was not given posting. He was kept waiting for posting. His joining was accepted in May, 2001. During the period he was kept waiting for posting, his salary was not paid. He is entitled to get the arrears of salary of the said period along with other benefits. 4. It has been submitted that respondents have admitted the petitioner's claim but have disputed the claim of arrears of salary for the period from June 2000 to May 2001 by letter dated 10.07.2009, issued during pendency of the writ petition. In the said letter, the petitioner's claim for salary of the aforesaid period has been denied on the plea that the petitioner, who was under suspension, had given his joining on 20.06.2000 on revocation of suspension before the Director, Administration-cum-Deputy Secretary, Secondary, Primary and Adult Education, Bihar. After joining he was not posted . In the mean while, State of Jharkhand was bifurcated after reorganization of the then State of Bihar. The petitioner was posted as Deputy Director, Primary Education in the State of Jharkhand by Notification No.373 dated 11.05.2001. The intervening period spent in the State of Bihar could not be regularized in Jharkhand. However, the period was not treated as break in service. In view of the resolution of Finance Department No.3014 dated 31.07.1980 (Annexure-B), the said period is taken as service period for the purpose of counting pension, etc. 5. Learned J.C to G.P.II appearing on behalf of the respondents referred to the said letter and submitted that the petitioner was not posted within the said period anywhere, and as such he is not entitled to get salary of the said period. However, the said period shall be counted for the purpose of fixation of his pension and other retiral dues. 6. However, the said period shall be counted for the purpose of fixation of his pension and other retiral dues. 6. Learned counsel for the petitioner submitted that the posting was to be done by the department. The petitioner was kept waiting for posting by the respondents. There was no fault on the part of the petitioner. Posting was not in his hand. After bifurcation of the State of Jharkhand, the petitioner was allocated State of Jharkhand and was posted as Deputy Director, Primary Education, without any condition. His joining was accepted by the concerned authority. In view of the acceptance of joining without any objection or condition and also that the petitioner was kept out of post for his no fault, salary for the said period can not be denied to the petitioner. 7. Having heard learned counsel for the parties, I find substance in the submissions made by the learned counsel for the petitioner. 8. It is admitted position that the petitioner's joining was accepted in June 2000 in the department, but he was not given any posting. In the meanwhile by virtue of the provisions of Bihar Reorganization Act, 2000, the State of Jharkhand was carved out and the petitioner's service was placed in the State of Jharkhand without any condition or any clause. The petitioner was allowed to join without any demur. He discharged active duties and continued in the service of the State of Jharkhand till his retirement on July, 2008. In view of the above, I find no justification for denying the petitioner's salary of the period he was kept waiting for posting and for delaying payment of retiral dues and other admissible benefits. The objection raised in the impugned letter is wholly unfounded, arbitrary and not supported by law. 9. For the reasons aforesaid, this writ petition is allowed. The order issued by the Human Resources Development Department by letter No.199 dated 10.07.2009 is quashed. The respondents are directed to pay the arrears of salary for the period of June 2000 to May 2001 within four weeks. The respondents shall send the papers for fixation of final pension, gratuity and other retiral dues to the office of the Accountant General within four weeks. The Accountant General, on receipt of the pension papers, shall issue appropriate payment order within two weeks from the date of receipt of the papers. The respondents shall send the papers for fixation of final pension, gratuity and other retiral dues to the office of the Accountant General within four weeks. The Accountant General, on receipt of the pension papers, shall issue appropriate payment order within two weeks from the date of receipt of the papers. The State-respondents, thereafter, shall pay all the arrears of pension and gratuity with statutory interest within four weeks thereafter. 10. If the amount(s) found payable to the petitioner is/are not paid within the said period, the petitioner shall be entitled to get additional compensatory interest @ 10% per annum over and above the statutory interest from the date, the amount(s) is/are found payable till the date of final payment.