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Jharkhand High Court · body

2016 DIGILAW 1562 (JHR)

Md. Zainul Haque v. State of Jharkhand

2016-11-21

SHREE CHANDRASHEKHAR

body2016
ORDER : Grievance of the petitioner is against nonpayment of arrears of salary for the period between January, 1986 to July, 2004 and arrears of A.D.A., D.D.A. & D.A. for the period between 1979 to 1985. The petitioner has also claimed payment of Earned Leave for 60 days. 2. Heard. 3. Mr. Shree Krishna Pandey, learned counsel for the petitioner submits that the petitioner who became entitled for grant of promotion to the post of Reader with effect from 01.01.1986 is entitled for all benefits attached to the said post and merely because the notification for promotion to the post of Reader has been issued on 04.12.1997, the petitioner cannot be denied benefits which would have been granted to him, had he been promoted from the date he became eligible for promotion to the post of Reader. 4. Learned counsel for the respondent-Ranchi University, besides raising plea of delay and latches, refers to communication dated 16.05.2016 and submits that any liability prior to creation of the State of Jharkhand on account of arrears of salary etc. is not payable by the State of Jharkhand and accordingly a communication has been issued to all concerned. 5. The petitioner, who was appointed as Lecturer in Janta Shivratri College, Daltonaganj on 04.01.1971, has superannuated from service on 31.07.2004. The petitioner, it appears, was granted Time Bound Promotion to the post of Reader on 04.12.1997. The statute for Time Bound Promotion provides that on completion of 10 years of continuous service and on recommendation of Bihar State University Service Commission, eligible Lecturers become entitled for promotion to the post of Reader. In the present proceeding, the petitioner has not disclosed whether the Commission granted approval for his promotion to the post of Reader. Moreover, the petitioner more than a decade after his superannuation from service, has raised a claim for payment of arrears of salary. The period for which the petitioner has claimed payment is between January, 1986 to December, 1995 and January, 1996 to July, 2004. The petitioner, obviously, before his promotion to the post of Reader was paid salary and other allowances attached to the post of Lecturer. Thus, the petitioner, who worked as Lecturer prior to 04.12.1997, cannot claim salary for the post of Reader prior to 04.12.1997. After his superannuation, the petitioner now claims arrears of salary, i.e., differential amount of salary on the post of Lecturer and Reader. Thus, the petitioner, who worked as Lecturer prior to 04.12.1997, cannot claim salary for the post of Reader prior to 04.12.1997. After his superannuation, the petitioner now claims arrears of salary, i.e., differential amount of salary on the post of Lecturer and Reader. Under letter dated 16.05.2016 the Director, Higher Education has instructed all the Universities under the State not to entertain claims prior to 15.11.2000. Moreover, the claim of the petitioner for arrears of salary cannot be granted in view of specific provision under rule 58 of Bihar Service Code and rule 74 of the Bihar Financial Rules. The learned counsel for the petitioner has referred to communication dated 29.08.2006. The aforesaid communication, it appears, was intended for payment of salary to the employees who were posted within the State of Jharkhand, and in the counter-affidavit the respondent-State has admitted his claim after 15.11.2000. The petitioner, who did not work as Reader prior to 04.12.1997, however, cannot be paid arrears of salary, i.e., differential amount in pay to the post of Lecturer and Reader, prior to 04.12.1997. 6. In the counter-affidavit filed on behalf of respondent no. 3, it is stated that the University has been directed to scrutinize the claim of the petitioner for the period between 15.11.2000 to 31.07.2004 and it has been found that the petitioner is entitled for payment of Rs. 4,46,526/-. In paragraph no. 9 respondents have averred as under : That the prayer of the petitioner set out in para-1(a)(i) relating to arrears of salary for the period January 1986 to December 1995, which is prior to 15.11.2000, cannot be scrutinized/verified by the answering respondent and no claim in this regard can be forwarded to the State Government. In any view of the matter these claims are more than 20 years old. As regards the claims set out in para-1(a)(ii) for the January 1986 to July 2004 are partly not to be considered in the light of the Government letter. However, for the period 15.11.2000 to 31.07.2004, the respondent-Ranchi University has examined the claim sent to it by the Principal, J.S. College, Daltonganj vide letter no. A/c 192/15 dated 14.01.2015. After examination of the same it has found that the respondent university can consider the claim for payment of arrears of salary only from 15.11.2000 and accordingly after scrutiny it has found that the petitioner is entitled to a sum of Rs. A/c 192/15 dated 14.01.2015. After examination of the same it has found that the respondent university can consider the claim for payment of arrears of salary only from 15.11.2000 and accordingly after scrutiny it has found that the petitioner is entitled to a sum of Rs. 4,46,526/- for the period 15.11.2000 to 31.07.2004. Accordingly the university by its letter no. A/c 875/16 dated 20.08.2016 has made a claim before the State Government for release of arrears of salary to the University so that the same can be disbursed to the petitioner. 7. Other claims raised by the petitioner have been declined by the respondents. I find no infirmity in the decision taken by the respondents. Accordingly, insofar as other claims are concerned, the issue stands concluded. 8. The writ petition stands allowed, to the extent claim for arrears of salary for the period between 15.11.2000 to 31.07.2004 is concerned.