Sanjay Kumar, son of late Ishwar Dayal v. State of Jharkhand, through its Chief Secretary, Government of Jharkhand
2023-04-05
ANANDA SEN, SANJAYA KUMAR MISHRA
body2023
DigiLaw.ai
ORDER : (Sanjaya Kumar Mishra, J.) 1. By way of this intra-court appeal, the writ petitioners have challenged the order dated 12.03.2021 passed by the learned Single Judge in W.P. (S) No. 4354 of 2020 whereby the learned Single Judge though directed the respondents to pay the arrears of salary in the light of the averments mentioned in paragraphs 8 and 9 of the counter affidavit, denied the relief of granting interest on the arrears of salary. 2. The facts of the case are that the petitioners were appointed as Peon on 19.11.1984 in Chatra Girls High School, Pratapur, Chatra by then Secretary of the School. By notification dated 09.02.2011 issued by the Human Resource Development Department, Government Jharkhand, the services of many persons including teaching and non-teaching staffs of the School were regularized. The names of the petitioners under category of Peon appear at serial nos.8 and 9 respectively contained in Annexure 1 to the writ application. The services of the petitioners were regularized with effect from 01.01.1989. The petitioners have been paid salary with effect from 15.11.2000 and their salaries for the period 01.01.1989 to 14.11.2000 were withheld. The petitioners first moved this Court by filing W.P. (S) No. 4683 of 2016 which was dismissed in terms of the order dated 31.01.2017 on the grounds that the petitioners had not annexed or averred any document suggesting that their services were regularized after notification and for monetary benefits there is no order of any competent authority. Then, after three years, the petitioners filed the instant writ petition being W.P. (S) No. 4354 of 2020 which came before the learned Single Judge. The learned Single Judge disposed it on 12.03.2021 directing the payment of salaries to the petitioners. 3. Definitely there are laches and delay on the part of the petitioners in the sense that they have come to the Court after 16 years. In that view of the matter the writ petition should have been dismissed. Thereafter, the second writ petition has been filed in the year 2020. The learned Single Judge was liberal enough to grant them the back salary. We are also of the view that his refusal to grant any interest requires no interference. In that view of the matter, this Letters Patent Appeal sans any merit and is, therefore, dismissed. 4. All pending Interlocutory Applications stand disposed of. 5. No orders as to costs. 6.
We are also of the view that his refusal to grant any interest requires no interference. In that view of the matter, this Letters Patent Appeal sans any merit and is, therefore, dismissed. 4. All pending Interlocutory Applications stand disposed of. 5. No orders as to costs. 6. Urgent Certified copies as per Rules.