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2020 DIGILAW 552 (JHR)

Sahdeo Prasad Mandal @ Sahdeo Prasad Mandal “Nirjhar”, son of late Dhaneshwar Prasad Mandal v. State of Jharkhand

2020-06-02

SANJAY KUMAR DWIVEDI

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JUDGMENT : 1. Heard Mr. Lakhan Chandra Roy, learned counsel appearing on behalf of the petitioner, Mr. Mukesh Kumar Sinha, learned Sr. S.C.-II appearing for the respondent-State and Dr. Ashok Kumar Singh, learned counsel appearing for the respondent-Accountant General. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. Petitioner has preferred this writ petition for direction to pay arrear of differences of salary between 01.01.1971 to 31.03.1973 and 1974-75. 4. Mr. Lakhan Chandra Roy, learned counsel appearing for the petitioner submits that the petitioner was appointed as Assistant Teacher in the Primary School, Satpahari under the District of Dumka on 30.07.1968 and thereafter he was superannuated from his unblemished service on 31.05.2004 from the Primary School of Letwavaran under the District of Deoghar. He further submits that there is no complaint against the petitioner from any corner. Learned counsel for the petitioner further submits that neither there was any departmental proceeding initiated or pending against the petitioner, nor there is any criminal case pending against the petitioner. He further submits that petitioner has not received his entire arrear of differences of salary between 01.01.1971 to 31.03.1973 and 1974-75 till date. He further submits that petitioner filed several representations for payment of arrear of differences of salary but the same has not been paid as yet. By way of referring to Annexure-2 of the writ petition which is letter dated 20.09.2014 issued by the Regional Deputy Director, learned counsel for the petitioner submits that there is a direction to the District Education Officer, Dumka to consider the case of the petitioner. This letter was issued along with representation of the petitioner. By way of referring to Annexure-3 of the writ petition which is Circular, learned counsel for the petitioner submits that there is direction to pay the arrear of differences of salary between 01.01.1971 to 31.03.1973 and 1974-75 to the Assistant Teacher. He further submits that in view of Annexure-2 and Annexure-3, the case of the petitioner is fit to be allowed. 5. Mr. Mukesh Kumar Sinha, learned Sr. He further submits that in view of Annexure-2 and Annexure-3, the case of the petitioner is fit to be allowed. 5. Mr. Mukesh Kumar Sinha, learned Sr. S.C.-II appearing for the respondent–State submits that in view of Annexure-2 and Annxure-3, the matter can be disposed of with direction to the concerned authority to take decision in accordance with law. He further submits that if decision is taken in favour of the petitioner, arrear of differences of salary will be released in favour of the petitioner. 6. In view of above facts and considering the Annexures 2 and 3 as well as submission of Mr. Mukesh Kumar Sinha, learned counsel for the respondent-State, the writ petition is disposed of with direction to the respondent nos. 3 & 4 to consider the case of the petitioner in the light of Annexures-2 and 3 and take a decision in accordance with law within eight weeks. If such decision is taken in favour of the petitioner, the benefit of the same shall be released in favour of the petitioner within four weeks thereafter. 7. With the aforesaid observation and direction, this writ petition stands disposed of.