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Jharkhand High Court · body

2016 DIGILAW 41 (JHR)

Mrityunjay Nayak v. State of Jharkhand

2016-01-05

APARESH KUMAR SINGH

body2016
ORDER : Aparesh Kumar Singh, J. Heard learned counsel for the parties. 2. Details of 21 petitioners indicated in the form of chart furnished by them at para-4 of the writ petition contain the name of the employees, school in which employees/teachers worked, their date of appointment and respective dates of their retirement. They are shown herein below:- Sl. No. Name of the Employee Name of the School Date of Appointment Date of Retirement 1 Mrityunjay Nayak Middle School, Baragariya 19.08.1963 28.02.2002 2 Motilal Manna Aamdanga Primary School, Galudih 04.03.1992 31.05.2010 3 Jhareshwar Kuila Oriya Primary School, Kuldiha 23.02.1955 30.09.1996 4 Goshtha Bihari Shaw Shaljhariya Upgraded Primary School, Bahragora 06.04.1957 31.10.1995 5 Bhudeo Chandra Ghosh Middle School, Barshol 09.01.1961 30.11.1993 6 Bhushan Chandra Ghosh Middle School, Barshol 16.09.1947 30.11.1986 7 Ramendra Nath Saw Middle School, Darkhuli 09.04.1960 30.06.1989 8 Bhutnath Dandwat Joram Loha Maliya Middle School 30.03.1964 30.09.1999 9 Kalicharan Majhi Muturkhan Middle School, Chakulia 15.07.1966 31.10.2001 10 Majhiya Majhi Hiraganj Middle School, Ghatshila 03.08.1964 28.02.2001 11 Kalicharan Mahto Matiyabandhi Middle School, Chakulia 15.04.1964 31.05.2004 12 Ambuj Kumar Mahto Baliyaguir Middle School, Chakuliya 16.08.1967 31.03.2008 13 Asit Ranjan Bassi Kalapathar Middle School, Chakuliya 27.02.1969 31.10.2008 14 Binapani Rai Manoharlal Middle School, Chakuliya 27.05.1971 30.06.2009 15 Jagatpati Ghosh Gohaldih Primary School, Bahragora 24.11.1970 31.01.2006 16 Late Baidyanath Mahanty Middle School, Muturkham, Chakuliya 24.08.1952 31.01.1989 17 Parmanand Mandal Sardiha Middle School, Chakuliya 24.06.1963 31.01.2001 18 Sharat Chandra Kuila Shatukacha Primary School, Msabani 11.01.1963 31.8.2000 19 Chitreshwar Ghosh Middle School, Kerukocha, Chakuliya 21.04.1962 31.05.1999 20 Ratan Chand Majhi Middle School, Bhuitya 01.04.1964 30.09.2001 21 Maheshwar Mahto Kuldiha Primary School, Bahragora 01.04.1963 31.03.2002 22 Mandakini Pal Middle School, Bamdol 01.01.1970 31.03.1982 3. Petitioners are either employee themselves or their legal heirs in respective cases, who claim interest on the arrears of salary for the period 01.01.1971 to 31.03.1973, details of which are also furnished in the form of chart at para-9 of the writ petition, which are shown herein below:- Sl. Petitioners are either employee themselves or their legal heirs in respective cases, who claim interest on the arrears of salary for the period 01.01.1971 to 31.03.1973, details of which are also furnished in the form of chart at para-9 of the writ petition, which are shown herein below:- Sl. No. Name of the Employee Arrears of Salary to be deposited in the PF Account 1 Mrityunjay Nayak 451 2 Motilal Manna 656.58 3 Jhareshwar Kuila 1262.67 4 Goshtha Bihari Shaw 1262.67 5 Bhudeo Chandra Ghosh 1262.67 6 Bhushan Chandra Ghosh 1262.67 7 Ramendra Nath Saw 1262.67 8 Bhutnath Dandwat 1152 9 Kalicharan Majhi 1096 10 Majhiya Majhi 1151 11 Kalicharan Mahto 1416 12 Ambuj Kumar Mahto 1416 13 Asit Ranjan Bassi 1323.22 14 Binapani Rai 656 15 Jagatpati Ghosh 1416 16 Late Baidyanath Mahanty 1422 17 Parmanand Mandal 1152 18 Sharat Chandra Kuila 1281 19 Chitreshwar Ghosh 1281 20 Ratan Chand Majhi 1152 21 Maheshwar Mahto 1151 22 Mandakini Pal 1281 4. The arrears of salary for the period 01.01.1971 to 31.03.1973 were deposited in provident fund account of individual employees by virtue of decision of the State Government bearing resolution No. 763 dated 09.02.1973 where under certain schools were nationalised w.e.f. 01.01.1971. It was provided thereunder that such teachers were entitled to get prescribed scale of pay for Government Teachers w.e.f. 01.04.1973 and arrears of salary for the period 01.01.1971 to 31.03.1973 shall be deposited in their provident fund account. 5. Learned counsel for the petitioners has referred to the resolution itself at Annexure-1. Decision rendered in similar cases by this Court such as in the case of Hare Ram Pandey v. State of Jharkhand and Ors. in LPA No. 651 of 2002 dated 30.04.2003 and other cases decided by learned Single Bench of this Court are enclosed as Annexure-3 series. Reliance has also been placed upon the communication of the Deputy Director, Primary Education contained in letter No. 2039 dated 20.08.2010, Annexure-4 to all District Superintendent of Education in the matter relating to payment of arrears of difference of salary from 01.01.1971 to 31.03.1973. According to the petitioners, their schools were taken over under the said resolution by the State Government. Though arrears of difference of salary have been paid, but interest thereupon as per GPF Rules have not yet been paid. Therefore, petitioners have come before this Court. 6. According to the petitioners, their schools were taken over under the said resolution by the State Government. Though arrears of difference of salary have been paid, but interest thereupon as per GPF Rules have not yet been paid. Therefore, petitioners have come before this Court. 6. Learned counsel for the State submits that instructions are awaited, but petitioners may be directed to approach the respondent nos. 4 and 5 i.e. District Superintendent of Education, Jamshedpur and District General Provident Fund Officer, Jamshedpur for redressal of their grievances in accordance with law after due scrutiny of all relevant records relating to individual employees. 7. Having taken into account the relevant facts pleaded and the submissions advanced, the writ petition is disposed of with liberty to individual petitioners to approach the respondent No. 4, District Superintendent of Education, Jamshedpur by way of representation for redressal of their grievances relating to payment of interest on arrears of salary from 01.01.1971 till 31.03.1973 duly supported with all necessary facts and documents. On receipt of the same, respondent No. 4, District Superintendent of Education, Jamshedpur after examining the case of individual petitioners from the relevant records, if comes to a conclusion regarding admissibility of the claim of the individual petitioners, necessary statements and other relevant records be forwarded to the office of respondent No. 5, District General Provident Fund Officer, Jamshedpur for processing and release of admissible interest over the arrears of difference of salary for the period in question within a period of 10 weeks from the date of receipt of a copy of this order along with such representation. 8. The writ petition stands disposed of accordingly. Petition disposed of.