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2021 DIGILAW 201 (JHR)

Rabi Bhushan Choubey v. State of Jharkhand

2021-02-15

SANJAY KUMAR DWIVEDI

body2021
JUDGMENT : 1. Heard Mr. Mrinal Kanti Roy, learned counsel for the petitioner, Mr. Shadab Bin Haque, learned counsel for the respondent-State, Mr. Shivam Singh, learned counsel for the respondent nos. 2, 3 & 4 and Mr. Randhir Kumar, learned counsel for the respondent nos. 5 & 6. 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. The petitioner has preferred this writ petition for direction upon the respondents for the following reliefs: (a) Payment of salary for the period January, 2009 to March, 2010. (b) Payment of benefit of 5th Pay Revision. (c) Payment of full salary for the period between 24.09.2005 to 14.11.2005. (d) Payment of benefits of Group Insurance. (e) Payment of salary for the period from 27.04.1995 to 16.02.1996.(f). Payment of arrears on account of 6th pay revision. 4. Mr. Mrinal Kanti Roy, learned counsel for the petitioner draws attention of this Court to various paragraphs of this writ petition, wherein, dues have been described. He submits the amount of Provident Fund to the extent of Rs.85,543/- has not been paid to the petitioner. He further submits that the petitioner has not yet received his payment of salary for the period from January, 2009 to March, 2010 nor he received arrears on account of 5th Pay Revision and 6th pay revision. The petitioner has also not received salary for the period between 24.09.2005 to 04.11.2005 i.e. suspension period. The petitioner has retried from the service on 31.07.2018 and he has not been paid the benefits of Group Insurance. The petitioner was put under suspension for the period between 27.04.1995 to 16.02.1996 (total 296 days) and for the said period the petitioner has not been paid his salary. He further submits that the petitioner was posted as Assistant Manager, Jharkhand State Food & Civil Supplies Corporation Limited. He also submits that in spite of several representations, part of the aforesaid dues, which have been recorded herein above, has not been released in favour of the petitioner. 5. Mr. Shivam Singh, learned counsel for respondent nos. He further submits that the petitioner was posted as Assistant Manager, Jharkhand State Food & Civil Supplies Corporation Limited. He also submits that in spite of several representations, part of the aforesaid dues, which have been recorded herein above, has not been released in favour of the petitioner. 5. Mr. Shivam Singh, learned counsel for respondent nos. 2, 3 & 4 submits that the Jharkhand State Food & Civil Supply Corporation Ltd. came into existence on 01.02.2011 and became operational w.e.f. 01.02.2011. By way of referring Resolution dated 04.02.2016, annexed with the counter affidavit filed by respondent nos. 3 & 4, he submits that the Jharkhand State Food & Civil Corporation Ltd. is liable for payment of retiral dues. He further submits that he accepts this position that the Jharkhand State Food & Civil Supply Corporation Ltd. will pay all the retiral dues to the petitioner, but the dues which are of the period before bifurcation of the State of Bihar, such amounts are required to be paid to the petitioner by the Bihar State Food & Civil Supply Corporation Ltd. He further submits that the petitioner may be directed to file a fresh representation and the admitted retiral dues shall be released in favour of the petitioner within a period of 15 days from the date of receipt/production of such representation. 6. Mr. Randhir Kumar, learned counsel for respondent nos. 5 and 6 draws attention of this Court to the writ petition and submits that after bifurcation of the State of Bihar, the assets and liabilities of the Bihar State Food & Civil Supply Corporation Ltd. are with Jharkhand State Food & Civil Supply Corporation Ltd. on "As is where is" basis. He further submits that on the basis of this document, now there is liability upon the Jharkhand State Food & Civil Supply Corporation Ltd. to pay all the dues to the petitioner. 7. At this stage, learned counsel for the petitioner submits that it has been admitted by the Bihar State Food & Civil Supplies Corporation Ltd. that certain amounts are due for payment to the petitioner. He further submits that in the letter dated 25.11.2020 issued by the District Manager of the Jharkhand State Food & Civil Supplies Corporation Ltd., Dumka, it is stated that the amount has not been paid to the petitioner as sanctioned has not been received as yet. 8. He further submits that in the letter dated 25.11.2020 issued by the District Manager of the Jharkhand State Food & Civil Supplies Corporation Ltd., Dumka, it is stated that the amount has not been paid to the petitioner as sanctioned has not been received as yet. 8. The Court has given thoughtful consideration of the submission of the learned counsel for the parties. The assets and liabilities have already been bifurcated between the two Corporations w.e.f. 14.11.2000 itself, wherein, amount has also been described that what has to be paid by the Jharkhand State Food & Civil Supplies Corporation Ltd. as well as by the Bihar State Food & Civil Supplies Corporation Ltd. on "As is where is" basis. The amount in question has been admitted by the Bihar State Food & Civil Supplies Corporation Ltd. and to some extent by the Jharkhand State Food & Civil Supplies Corporation Ltd. It has been admitted by the learned counsel for respondent nos. 2 to 4 that so far as retiral dues are concerned, the Jharkhand State Food & Civil Supplies Corporation Ltd. is liable to pay the same. Thus, the only dues, which are required to be released in favour of the petitioner, are the arrears of 5th pay revision, which will be paid by the Bihar State Food & Civil Supply Corporation Ltd. for the period prior to 14.11.2000 i.e. before bifurcation of the State of Bihar and for the remaining period, the Jharkhand State Food & Civil Supplies Corporation Ltd. is liable to make the payment. So far as the arrears of 6th pay revision is concerned, the payment will be done by the Jharkhand State Food & Civil Supplies Corporation Ltd. The concluding part of the Resolution dated 04.02.2016 clearly suggests that the Jharkhand State Food & Civil Supplies Corporation Ltd. is liable to make payment of retiral dues etc. w.e.f. 14.11.2000. 9. In that view of the matter, the petitioner cannot be allowed to suffer for non-payment of certain dues, which according to the learned counsel for respondent nos. w.e.f. 14.11.2000. 9. In that view of the matter, the petitioner cannot be allowed to suffer for non-payment of certain dues, which according to the learned counsel for respondent nos. 2 to 4 is the liability of the Bihar State Food & Civil Supplies Corporation Ltd. In that view of the matter, the Jharkhand State Food & Civil Supplies Corporation Ltd. is directed to release all the admitted dues, as stated herein above in favour of the petitioner within period of four weeks from the date of receipt/production of a copy of this order as the Court has taken note of the fact that the assets and liabilities have already been bifurcated, wherein, it is admitted that the retiral dues w.e.f. 14.11.2000 are required to be released by the Jharkhand State Food & Civil Supplies Corporation Ltd. It is open for the Jharkhand State Food & Civil Supplies Corporation Ltd. to reconciliate the claim if they think that it is required to be paid by the Bihar State Food & Civil Supplies Corporation Ltd., but no resistance for justification will be entertained by the Court for non-payment of dues to the employee in question. 10. In view of the aforesaid terms, this writ petition stands allowed and disposed of. LA. if any, stands disposed of.