Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 2399 (JHR)

Munia Devi v. State Of Jharkhand

2018-10-29

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. - The writ petition pertains to grant of salary from August 2007. During pendency of the writ petition, the petitioner has been substituted by his legal heirs and vide 12.09.2018 the State of Bihar has been impleaded as respondent no.5. 2. A counter affidavit has been filed by the State of Jharkhand wherein it has been submitted that the services of Late Krishna Ram was allocated to the State of Bihar after filing of the writ petition and he was posted as Design Division under the Chief Engineer, Aurangabad and at last he was deputed in the Water Resources Department, Aurangabad, Bihar, therefore, he was under the administrative control of the Government of Bihar. 3. Learned counsel for the petitioner submits that if liberty would be given to the petitioner to file representation before the respondent no.5 ventilating his grievance along with necessary documents, pertaining to arrears of salary of late husband of petitioner no.1 (Late Krishna Ram) then the grievance of the petitioners shall be redressed. 4. Learned counsel for the State of Bihar has no serious objection to that course of action. 5. Considering the limited grievance of the petitioner, without delving into the merit of the matter, the writ petition is disposed of with liberty to the petitioner to submit a fresh representation enclosing the relevant documents before the respondent no.5 within a period of three weeks from the date receipt/communication of the order. On receipt of such representation, the respondent shall do well to consider the case of the petitioner for payment of arrears of salary and other dues of late Krishna Ram in accordance with law and pass a reasoned and speaking order within a period of eight weeks thereafter, which shall also be communicated to the petitioner. 6. It is needless to mention that if the claim of the late husband of the petitioner no.1 regarding arrears of salary is found to be genuine and legally admissible, the same be extended to petitioners within a period of four weeks thereafter. 7. With the aforesaid direction, the writ petition stands disposed of.