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2021 DIGILAW 332 (JHR)

Parwind Kumar v. State of Jharkhand

2021-03-23

DEEPAK ROSHAN

body2021
JUDGMENT : Heard learned counsel for the parties through V.C. 2. The instant writ application has been preferred by the petitioner for following relief :- (i) For a direction upon the respondents to pay the salary for the months of 07/1995, 09/1995, 11/1995, 03/2005, 4/2005 to 3.07.2005 as well as for the period of 21.02.2007 to 31.03.2007, 1.07.2007 to 4.11.2007 and 12.08.2009 to 30.04.2011 and for the payment of earned leave which has been duly accepted for the period of April 1993 to 17th August, 1993 and from 01.06.1995 to 04.06.1995 and 06.06.1995 total period of 144 days of earned leave which has been accepted by the respondent authorities but the benefit as yet not been paid to the petitioner and further to fix the salary as per 6th pay revision and also prayed for correction of wrong fixation of salary as well as for grant of 1st ACP and 2nd ACP which has not been given to the petitioner although the petitioner has served more than 26 years unblemished services but neither the salary of the petitioner has been fixed in accordance with the 6th pay revision in spite of completion of required minimum period of 12 years of service. (ii) For a direction upon the respondents to pay the salary as per 6th pay revision to the petitioner along with other financial benefits although after passing of seven years only the first ACP was granted to the petitioner from 11.01.2000. 3. Mr. Prashant Pallav, learned counsel for the petitioner draws attention of this Court towards the counter affidavit filed by respondent No.1 to 7 and submits that in paragraphs 7, 8 and 9, the respondents have categorically accepted that the petitioner is entitled for Rs.54,004/- for the period he worked in the erstwhile State of Bihar and further pursuant to benefit of 1st ACP given to this petitioner w.e.f. 11.01.2000, he has been placed in the pay scale of Rs.8000-275-13500 by the Rural Works Department, Ranchi and they have also accepted that 6th pay revision has to be paid w.e.f. 01.01.2006; however, for every amount they only stated that the said amount will be paid as early as possible. He further draws attention of this court towards the counter affidavit filed by the respondent No.8, which states that no claim of the petitioner can be redressed by the said respondent. He further draws attention of this court towards the counter affidavit filed by the respondent No.8, which states that no claim of the petitioner can be redressed by the said respondent. However, the respondent No.9 in its counter affidavit at pararaph-8 has stated that the petitioner is entitled for arrear of salary from 01.01.2006 to 20.02.2007 during his posting at R.R.D.A. as per 6th pay commission. Relying upon the aforesaid averments made in the counter affidavit of the respective respondents; learned counsel submits that the entire claim of the petitioner has been accepted and only quantification and/or payment is required. As such, interest of justice would be sufficed if the respondents be directed to look over the mater and do the final calculation as early as possible so that admitted dues can be paid to this petitioner. 4. Learned counsel for the respondents does not have any objection to the aforesaid contention. They fairly submit that the matter will be sorted out in short span of time and the petitioner will get his admitted dues. 5. Replying to the aforesaid contention of the respondents; the petitioner seeks liberty to file a detailed representation-cum-calculation chart before his present employer so that the same will become helpful for the respondents. 6. In view of the admitted facts that the claim of the petitioner has been admitted as referred to herein above and only quantification/payment is required; the instant writ application is, hereby, disposed of by giving liberty to the petitioner to file a detailed representation-cum-calculation chart before respondent No.2. The respondent No.2 shall look into the matter and depute any officer to consult with respondent Nos.8 and 9 to verify the records of the petitioner and calculate the admitted dues. Thereafter, respondent No.2 shall issue necessary order for payment. The entire exercise shall be completed within a period of four months from the date of receipt/production of copy of this order/representation. 7. It is made clear that if the entire admitted dues are not paid within the aforesaid stipulated period, the petitioner will be free to raise his demand for interest. 8. With the aforesaid terms, the instant writ application stands allowed.