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2018 DIGILAW 477 (JHR)

Sarvanand Paswan v. State Of Jharkhand

2018-02-23

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. – In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents for payment of arrear of salary, due from June 2001 till February 2008 and further prayer has been made for direction upon the respondents to allow the petitioner to work as Guard in Probation Home, Dumka. 2. A counter affidavit dated 13.02.2009 has been filed by the respondent no.3 wherein it has been submitted in para 21 that the payment will be made to the petitioner after receipt of the allotment. In the meantime nine years have elapsed. Neither learned counsel for the petitioner nor learned counsel for the State is in a position to apprise the Court, as to whether admissible honorarium for the period in question has been paid to the petitioner or not. 3. Learned counsel for the petitioner further submits that if a direction would be issued to the respondents more particularly respondent no.2 to dispose of the representation pertaining to arrears of salary then the grievance of the petitioner shall be redressed. 4. Learned counsel for the State 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 giving liberty to the petitioner to submit a representation enclosing the relevant documents before the respondents more particularly respondent no.2 within a period of four weeks from the date of receipt of a copy of the order. On receipt of such representation, the respondent no.2 shall consider the same 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 petitioner regarding arrears of salary dues is found to be genuine and legally admissible, the respondents shall take steps for payment of the same within a period of four weeks thereafter. 7. With the aforesaid direction, the writ petition stands disposed of.