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2018 DIGILAW 498 (JHR)

Krishan Kumar Banpar, Son of late Halkhori Mahto v. State of Jharkhand through Secretary, Co-operative Department

2018-02-26

PRAMATH PATNAIK

body2018
JUDGMENT : Pramath Patnaik, J. In the instant writ application, the petitioners have inter alia prayed for direction upon the respondents-authorities to complete the liquidation process initiated vide order dated 18.07.2005 and to release the arrears of salary in favour of petitioners for the period they have not been paid although they remained in service under the respondents-authorities along with the amount of leave encashment and gratuity in favour of petitioners in view of order dated 18.05.2015 passed in L.P.A. No. 264 of 2013 in the case of Benkteshwar Singh & Anr. Vs. State of Jharkhand & Ors. 2. After some argument, learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the decision rendered in the case of Yamuna Singh & Anr Vs State of Jharkhand & Ors. passed in W.P. (S) No. 2198 of 2012 vide order dated 22.03.2017. 3. Learned counsel for the respondents-State has fairly acceded to the fact that the case of the petitioners is squarely covered by the said case and they also do not dispute the legally admissible arrear of salary and post retiral benefits, however, submits that due to pendency of liquidation proceedings, the respondents are not in a position to pay admissible monetary benefits to the petitioners. 4. In view of the specific averments made by learned counsel for the parties and the fact that the entitled to the relief as sought for in the writ application, it would be apposite to direct the respondents to ensure payment of arrears of salary and post retiral benefits to the petitioners as expeditiously as possible. 5. Accordingly, the writ application stands disposed of with a direction to respondents to ensure payment of arrears of salary and post retiral benefits to the petitioners as expeditiously as possible preferably within a period of six months from the date of receipt/production of copy of this order. 6. With the aforesaid observations and directions, the writ petition stands disposed of.