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Jharkhand High Court · body

2013 DIGILAW 581 (JHR)

Patras Samad v. State of Jharkhand

2013-05-02

N.N.TIWARI

body2013
Judgment In I.A. No.1802 of 2013, the petitioners have prayed for an interim relief for a direction on the respondents to pay his current salary during pendency of the writ petition. 2. It has been submitted that in the writ petition, the petitioners have prayed for quashing of part of Letter no.928 dated 12th March, 2011. The petitioners have further sought direction on the respondents to make payment of arrears of salary due to them since February, 2010. 3. It has been submitted that the petitioners have been regularly working as Assistant Teacher, but their salary has been withheld since February, 2010, without communicating any reason to them. In view of the above, the writ petition deserves to be heard in precedence. 4. Learned J.C. to G.P.IV, appearing on behalf of the respondents, submitted that the writ petition itself can be disposed of at this stage, directing the concerned respondents to pass an appropriate order on the petitioners' claim. 5. Learned counsel for the petitioners also agrees for the same. 6. It is an admitted position that the petitioners have been working continuously, but their salary has been withheld since February, 2010. No reason for withholding the salary was communicated to the petitioners and no opportunity of representation was given to them. 7. Learned counsel for the petitioners submitted that withholding of salary without complying with the requirement of principle of natural justice is wholly illegal, arbitrary and unjustified. 8. The respondents have opposed the writ petition by filing counter affidavit. Learned counsel for the respondents submitted that the petitioners are teachers of Government Aided Minority Schools and their pay fixation/preposition statement is in the process of approval. After approval of pay fixation/preposition from the Directorate with the consent of Internal Financial Adviser, Human Resources Development Department, Government of Jharkhand, proper action will be taken in accordance with law. 9. In reply to the said statement, learned counsel for the petitioners submitted that the petitioners have been working since much prior to February, 2010. Earlier they were getting salary without any objection, but from February, 2010 their salary has been withheld. The plea of approval is wholly frivolous and without any basis. It has not been mentioned as to how long approval of fixation of pay shall be kept pending, depriving the petitioners of their salary. The attitude of the respondents is wholly arbitrary and callous. The plea of approval is wholly frivolous and without any basis. It has not been mentioned as to how long approval of fixation of pay shall be kept pending, depriving the petitioners of their salary. The attitude of the respondents is wholly arbitrary and callous. No legal ground has been shown for withholding the petitioners' salary for more than three years. 10. I have heard learned counsel for the parties. It is an admitted position that the petitioners have been working as teachers. It is also not in dispute that before February, 2010, the petitioners were getting salary. There is no order of any competent authority for withholding the petitioners' salary. No reason was informed to the petitioners for withholding their salary for such a long time. 11. I find no legal justification for withholding the petitioners' salary. 12. Even if any approval of fixation of pay was required, the same should have been obtained well within time. Withholding of the petitioners' salary for years, without any legal order, is wholly unjustified, unfair and violative of Article 21 of the Constitution of India. 13. In view of the above, this writ petition is allowed. The respondents are directed to pass appropriate order, regarding payment of arrears of salary as well as current salary to the petitioners, within four weeks, from the date of receipt/production of a copy of this order. 14. This writ petition as well as I.A. No.1802 of 2013 stand disposed of in the said term. Petition disposed of.